1 2025:CGHC:44724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6569 of 2025 1 - Gulshan Ban Goswami S/o Khublal Ban Goswami Aged About 21 Years R/o Village Nankatti, Police Station Nandini Nagar, District Durg Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Nandini Nagar, District Durg Chhattisgarh ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate For Non-applicant : Ms. Sunita Manikpuri, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02/09/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 263/2024 registered at Police Station – Nandini Nagar, District – Durg, Chhattisgarh for the offences punishable under Sections 103 (1) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of prosecution is that, on 19.10.2024 at about 07:30 P.M., the applicant have assaulted his grandmother by means of trident due to which, she suffered grievous injury over head and succumbed to the injuries. Incident was reported to concerned police station, based upon which, aforementioned crime was registered and applicant was arrested on 28.10.2024. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits there is no eye-witnesses to the incident. He has been made accused only on the basis of the memorandum statement. The witnesses to the memorandum statement Narayan Dewangan and Shrawan Kumar have now been examined before the learned Trial Court and they have not supported the case of prosecution. He also submits that the seizure witnesses Maghraj Jain and Tushar Salame have also been examined and they have also not supported the case of prosecution. Out of total 12 witnesses only 06 witnesses have been examined, they have not supported the case of prosecution. Remaining 06 witnesses are the police officials who participated in the investigation. Hence, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that applicant has admitted his guilt in his memorandum statement recorded before the police and there was seizure of weapon used for causing murder from his possession. She also submits that the submission of counsel for applicant based upon deposition of the witnesses as mentioned above is subject matter of appreciation by the learned Trial Court. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon her furnishing a personal bond in 3 the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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 andin order to secure her 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 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 Dey