1 2025:CGHC:47936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7528 of 2025 1 - Khorbahara Banjare S/o Late Methu Banjare Aged About 75 Years R/o Village Satpara Police Station Abhanpur, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Abhanpur, District : Raipur, Chhattisgarh ---Non-applicants For applicants : Ms. Anju Ahuja, Advocate For-Non-applicants : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 18/09/2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 201/2024, registered at Police Station Abhanpur, District Raipur Chhattisgarh for the offences punishable under Sections 302 of the Indian Penal Code, 1860. 2. Earlier bail application was dismissed on merits on 07.03.2025 in MCRC No. 1920/2025. 3. Brief facts of this case is that on 29.05.2024 at about 19:30 pm, the Digitally signed by JYOTI JHA Date: 2025.09.18 17:43:37 +0530 2 complainant namely, Smt. Meena Dahariya lodged a report in the concerned police station to the effect that on the date of incident that is on 29.05.2024 at about 09:00 AM, she received the call in her mobile that her mother was in severe condition, and when she has come along with her husband in the village she saw that her mother was lying in the bed and some injuries have been sustained by her. Further it is alleged that some unknown person was assaulted and absconded from the incident place. It is alleged that the applicant has assaulted the deceased as she as not giving the consent of sexual intercourse, this fact is disclosed by the memorandum of the present applicant. Upon this merg against the unknown person was registered and during the course of merg inquiry by the police, the dead body which was lying was identified by the complainant. 4. It was argued by the learned counsel for the applicant that the second bail application has been filed on behalf of applicant only on the ground of detention of applicant as the applicant is languishing in jail since 30.05.2024. She further submits that the applicant is 75 years old. Moreover eight material witnesses have been examined before the trial Court and they did not depose anything against the application, therefore there is substantial change of circumstance. Therefore she prays for considering the case of the applicant for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that there is ample evidence on record to connect the appellant with commission of the offence. For which, the applicant has not given any plausible explanation, therefore, the bail 3 application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 7. Considering the facts and circumstance of the case and particularly the facts that eight material witnesses have already been examined before the trial Court and they did not dispose anything against the applicant, this Court is of the opinion that there is substantial change of circumstance and the trial is likely to take sometime for its conclusion and the applicant is in jail since 30.05.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, MCRC is allowed. 8. Let the present applicant be released on bail on his furnishing a personal bond with one surety in the like amount 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 his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence proclamation under Section 84 of BNSS 2023. 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 Bhartiya Nyaya Sahita, 2023 (iv) 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 2023 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti