1 2025:CGHC:44723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6594 of 2025 1 - Mukeshwar Sahu Urf Raja Sahu S/o Narendra Kumar Sahu Aged About 29 Years R/o Jayanti Nagar, Pragati Nagar Phase-02, Karma Bhawan Ward No.16, Durg, Police Station Mohan Nagar Durg, District : Durg, Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pulgaon, (Out Post Jevra Sirsa), District : Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Mr. Akhilesh Kumar, 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. 104/2025 registered at Police Station – Pulgaon, District – Durg, Chhattisgarh for the offences punishable under Sections 103 (1), 61 (2) (A) and 3 (5) of the BNS, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. Case of prosecution is that, Avtar Markam (deceased) was called by Akash Mazumdar through mobile call at Inder Dhaba. When the deceased along with Vikas Singh reached Inder Dhaba, Mukesh Chera, Mashan along with others were standing there. They started talking with the deceaseed, however, suddenly, talk turned into quarrel and as per SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 allegations, Mukesh Chera, Mashan adn Horilal Patel have caused stab injruies upon the deceased, due to which, he suffered grievous injuries over his person. After causing injuries, the assailants fled away in Car i.e. XUV 700 bearing registration no. CG 07 CU 1333 allegedly driven by the present applicant. During treatment, deceased Avtar Markam died. Incident was reported to the concerned police station, upon which, F.I.R. was registered and application was arrested on 02.04.2025. 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 that applicant was working ad driver of Aman Sahu to drive the XUV 700 Car. He was not aware as to the offence to be committed by Aman Sahu and his friends. He has not even participated in the commission of offence, but at the relevant time, he was sitting inside the car of which, he was a driver. He also submits that in the evidence of the eye-witness i.e. Vikas Singh also, it has not come that the applicant has participated in any manner, in commission of the offence. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that the applicant was present at the place of incident. However, he do not dispute the submission of counsel for applicant that he was sitting inside the XUV 700 Car as driver, and further submits that as per the diary statement, the stab injury was caused by Mukesh Chera, Mashan and Horilal Patel. Upon asking, he also submits that there is no criminal antecedent against the applicant. 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, 3 documents enclosed along with the bail application, 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 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