1 2025:CGHC:36770 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5903 of 2025 Ajay Kumar Chauhan S/o Govind Ram Aged About 25 Years R/o Devpur, Chowki Baya P.S. Rajadevri, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Rajadevri, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent For Applicant : Mrs. Sangeeta Mishra, Advocate For Respondent/State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 29.07.2025 1. The applicant has preferred this Second bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 49/2024, registered at ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.30 15:45:31 +0530 2 Police Station- Rajadevri, District Balodabazar- Bhatapara, Chhattisgarh, for the offence punishable under Section 302 and 201 of Indian Penal Code(in short ‘IPC’). First bail application of the present applicant was dismissed on merits vide order dated 03.01.2025 in MCRC No. 8865/2024 by this Court. 2. Case of the prosecution in brief is that, on the date of incident i.e. on 02.09.2023, applicant-Ajay Chauhan who is the younger brother of the deceased – Basant Chauhan being angry with the habit of drinking alcohol of the deceased, allegedly strangulated his brother with the help of a plastic rope. During the investigation memorandum of the accused was recorded and offence was registered against the present applicant under section 302 and 201 of IPC. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. She further contended that there is no eye witness of the present crime. Most of the witnesses have turned hostile and there is delay in FIR. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. Moreover she submits that the applicant is languishing in jail since 18.08.2024, and the 3 trial will take considerable time to conclude, therefore, the applicant may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application and would submit that applicant has played an active role in the alleged offence/crime, further death of the deceased is homicidal in nature as per medical report, hence, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Consdering facts and circumstances of the case, nature of offence, submissions of counsel for the parties, the fact that most of the prosecution witnesses have turned hostile and they have not supported the case of prosecution, particularly that there is no eye witness of the alleged incident/crime, further considering that applicant is in jail since 18.08.2024, charge sheet has already been filed, conclusion of trial is likely to take time, this Court is inclined to allow the bail appliation of the applicant. 7. Accordingly, bail application is allowed. Let the applicant involved in Crime No. 49/2024, registered at Police Station- Rajadevri, District Balodabazar- Bhatapara, Chhattisgarh, for the offence punishable under Section 302 and 201 of Indian Penal 4 Code, be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings 5 against him, in accordance with law, under Section 209 of BNS, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza