-1- 2025:CGHC:44378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6890 of 2025 1 - Jalandhar Bagh S/o Devo Bagh Aged About 22 Years 2 - Sameer Bagh S/o Devo Bagh Aged About 20 Years 3 - Sunil Verma S/o Kaushal Verma Aged About 21 Years All the above R/o Mowa, Kampa Raipur, Distt- Raipur C.G. 4 - Manish Verma S/o Itwari Verma Aged About 22 Years R/o Rakeda, P.S. Kharora, Dist- Raipur C.G., Present Address Mowa, Kampa Raipur, Distt- Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kurud, District Dhamtari C.G. ... Respondent(s) For Applicants : Mr. Pragalbha Sharma, Advocate For State : Mr. Sanjeev Pandey, Dy. A.G. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 01/09/2025 1. Applicants have filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.09.02 14:19:21 +0530 -2- for grant of regular bail as they were arrested in connection with Crime No.659 of 2023 registered at Police Station- Kurud District- Dhamtari (CG) for offence punishable under Sections 460, 294, 323, 506, 427, 147, 148, 149, 396, 120-B and 302 of IPC. 2. This is the first bail application on behalf of applicants. 3. Case of prosecution, in brief, is that on 15.10.2023 at about 5:30 am, about 8-10 persons entered into the house of deceased, assaulted deceased and his wife and ran away. In the incident, due to assault of accused persons, Chandrashekhar Giri Goswami succumbed to injuries and his wife Archana Giri Goswami suffered injuries. Incident was reported to concerned police station based upon which Hemendra Giri Goswami and Hem Giri Goswami were arrested. Based upon their memorandum, applicants were also arrested. 4. Learned counsel for the applicants submits that applicants have been falsely implicated in the crime. They have not committed any offence. Except memorandum statement of two named accused i.e. Hemendra Giri Goswami and Hem Giri Goswami, there is no connecting evidence available on record. He also contended that during course of investigation police has shown seizure of one wooden stick and Rs.2,000/- from each of applicant from their possession. Wooden stick is normally available in the house. Applicants are in jail since 16.10.2023. -3- Witnesses to memorandum of seizure and memorandum statement have been examined before trial Court by name Bhanupratap Dhimar (PW11) and Rekhram Dhruv (PW14) and they have not supported case of prosecution. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicants. He would submit that wife of deceased Archna Giri Goswami who lodged report has specifically named Hemendra Giri Goswami and Hem Giri Goswami to be accused persons and during course of investigation, based on their memorandum statement, applicants who were hired for killing of Chandrshekhar Goswami were arrested. He submits that after their arrest wooden stick and Rs.2,000/- was seized from each of applicant. Hence they are not entitled for grant of bail. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, period of pre-trial detention of applicants and submission of learned counsel for the State that there is no other criminal antecedents of applicants, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail on furnishing a -4- personal bail bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicants 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 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 them in accordance with law.” -5- 9. 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