1 / 3 2025:CGHC:43615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6794 of 2025 • Vikas Sahu S/o Chandrahas Sahu Aged About 23 Years R/o Village Mujgahan, Police Station Arjuni, District Dhamtari C.G. ... Applicant versus • State of Chhattisgarh through The Station House Officer, Police Of Police Station Arjuni, District Dhamtari C.G. ... Respondent For Applicant : Mr. Anil Gulati, Advocate For Respondent-State : Ms. Pragya Shrivastava, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/08/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 283/2024 registered at Police Station – Arjuni, District Dhamtari (C.G.) for offence punishable under Section 103(1) & 238 read with Section 3(5) of the Bharitya Nyay Sanhita, 2023. 2. Case of prosecution in brief is that dead body of Amit Puri Goswami was recovered from a pond situated in village Mujgahan, P.S. Arjuni, District Dhamtari, morgue was reported to the concerned police station, upon which an enquiry was conducted and after recording memorandum statement of applicant, he was arrested on 02.11.2024. 3. Learned counsel for applicant submits that applicant has been implicated falsely in this crime. He has not committed any offence as alleged. According PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 to the charge-sheet, Duleshwari Sahu who is witness last seen is now examined before the trial court as PW-5 and she has not supported case of prosecution. Other material witnesses are seizure and memorandum witnesses ie., Rajesh Tiwari, PW-3 and Pitambar Goswami, PW-4, who have also not supported the case of prosecution. He contended that except the aforementioned witnesses, there is no connecting evidence. Applicant is in jail since 02.11.2024, hence, he may be enlarged on bail. He also contended that all the independent witnesses have been examined and now only police official who have participated in investigation are remaining to be examined before the trial court. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would further submit that Rajesh Tiwari PW-3, Pitambar Goswami, PW-4 and Duleshwari Sahu, PW-5 are material witnesses according to the charge-sheet. Rajesh Tiwari and Pitambar Goswami are the seizure witnesses and Duleshwari Sahu is the last seen witness. He further submits that the deposition of witnesses relied upon by the counsel for applicant is subject matter of appreciation by the Trial court. 5. I have heard learned counsel for the parties. 6. Considering the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court 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. 3 / 3 (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him 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 and in order to secure his 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. Sd/- (Parth Prateem Sahu) pwn JUDGE