-1- 2025:CGHC:46406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6864 of 2025 Akash Puri Goswami S/o Jagdish Puri Goswami Aged About 24 Years R/o Kunwabhattha, Near Madarsa, Manikpur, District : Korba, Chhattisgarh ...Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line Rampur, District : Korba, Chhattisgarh ... Respondent(s) For Applicant : Mr. Rajeev Kumar Dubey, Advocate For State : Ms. Sunita Manikpuri, Dy. Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 10/09/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.12 of 2025 registered at Police Station- Civil Line, Korba, District- Korba (CG) for offence punishable under Sections 103 (1), 307, 309 (4), 332 (a), 333, 61 (2) (a), 238 (a) Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.09.15 17:29:08 +0530 -2- of BNS. 2. Case of prosecution, in brief, is that on 05.01.2025, complainant has lodged report in the concerned police station that her father was found dead in house. Based on report, crime was registered against unknown persons. During course of investigation, applicant was also arrested. 3. Learned counsel for the applicant submits that applicant has been made accused only on the basis of his memorandum statement. There is no other connecting evidence. Applicant was interrogated based on suspicion because applicant was working as Driver of deceased. On the date of incident, after working hours, he has left the car in accommodation of deceased and went to his house. As there is no connecting evidence available against applicant, he may be released on bail. 4. On the other hand, learned counsel for the State opposes submission of learned counsel for the applicant. She submits that as per memorandum statement, it is appearing that applicant hatched conspiracy and started working as Driver of deceased. On the date of incident, he along with other co- accused persons entered into house of deceased with intention to commit theft and in furtherance of that, assaulted the deceased. However, she do not dispute submission of learned counsel for applicant that except memorandum statement there is no other connecting evidence. -3- 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, without commenting anything on merits of case, I am inclined to allow the application. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) 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. (b) 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 Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 against him, in accordance with law, under Section 209 of the Bharatiya Nyaya -4- Sanhita. (d) 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. If in the opinion of the trial Court absence of the applicant is 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. - Sd/---/-/- (Parth Prateem Sahu) Judge Praveen