1 2025:CGHC:46072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6660 of 2025 1 - Irfan Khan Alias Bagira S/o Mr. Mohammed Rizwan Ali Aged About 21 Years R/o Near Marimai Temple, Ganesh Nagar, Nayapara Police Station, Sirgitti, Bilaspur, Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station, Sirgitti, District Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Yashkaran Singh, Advocate For Non-Applicant : Mr. Ajeet Kumar, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2025 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. 351/2023 registered at Police Station – Sirgitti, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 147, 148, 302/149 in alternate 302/34 of the Bharatiya Nyaya Sanhita, 2023 and under Section 25 (1) (B) of the Arms Act, 1959. 2. Case of prosecution is that, the applicant along with other co-accused persons assaulted the deceased by means of knife, iron rod, baseball bat and other weapons due to which, the deceased suffered grievous injuries SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 over his person. He was taken to hospital for treatment and upon examination, doctor declared him brought dead. Incident was reported to the concerned police station, based upon which, aforementioned crime was registered and the applicant along with other co-accused was arrested on 18.05.2023. 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 the eye-witnesses to the incident Ajay Yadav, Suresh Soni, Saroj Soni and Sawant Sao have been examined before the learned Trial Court and in their evidence, the applicant is not specifically named to have been participated in commission of the crime. Except these witnesses, there are the supporting witnesses who have participated in the investigation proceedings. Applicant is in jail since 18.05.2023. Hence, he 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 the eye-witnesses have named the present applicant to have assaulted the deceased along with other co-accused by means of iron rod and in support of his contention, he read over the statement of witnesses Ajay Yadav, Suresh Soni, Saroj Soni and Sawant Sao recorded by the police under Section 161 of the Cr.P.C. Upon asking, learned State counsel submits that as per case-diary, there is no other 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 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 his 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