1 2025:CGHC:43388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6738 of 2025 • Nandu Prasad Gupta S/o Lt. Ram Chandra Sao Aged About 66 Years R/o Ramanujganj, Ward No. 09 P.S. And Tahsil Ramanujganj, District Balrampur-Ramanujganj, C.G. ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj, District Balrampur-Ramanujganj, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. V.K. Pandey, Advocate For Respondent/State : Mr. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.113/2025 registered at Police Station Ramanujganj District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 23.04.2025 at about 3.30 pm some dispute arose between the present applicant and the deceased who were real brothers because of some previous buisness VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.28 18:38:40 +0530 2 transaction dispute, due to this reason it is alleged that the present applicant has pressed him and as a result of the same he felled down on the earth and subsequently died during the course of treatment in the Sanjivani Hospital Ramanujganj. Thereafter, FIR has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant that the applicant and the deceased is a real brother and their shops were next to each other, on 23.04.2025, there was some dispute took place between them on account of some money transactions and customers. He also submits that applicant has not inflicted any injury upon the deceased and has also not pressed him knowing fully well that he was a heart patient and has undergone bypass surgery and open heart surgery. He also submits that applicant is aged about 66 years old and the charge sheet has already been filed and he is in jail since 13.07.2025, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that applicant has no criminal antecedent and the charge-sheet has already been filed in the present case, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that the applicant and the deceased is a real brother and 3 their shops were next to each other, on 23.04.2025, there was some dispute took place between them on account of some money transactions and customers, applicant has not inflicted any injury upon the deceased because he knowing well that deceased was a heart patient and has undergone bypass surgery and open heart surgery. Looking to the fact that applicant has no criminal antecedents, charge-sheet has already been filed and he is in jail since 13.07.2025 and aged about 66 years old, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Nandu Prasad Gupta involved in Crime No.No.113/2025 registered at Police Station Ramanujganj District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 105 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali