1 / 3 2025:CGHC:46649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7231 of 2025 • Ageshwar Sahu S/o Late Derharam Sahu Aged About 39 Years R/o Village Narratola, Ramnagar, Bizlipara, Police Station Doundi, District Balod Chhattisgarh ... Applicant versus • State of Chhattisgarh Through the Station House Officer, Police Station Doundi, District Balod Chhattisgarh ... Respondent For Applicant : Mr. Shikhar Sharma, Advocate For Respondent-State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/09/2025 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. 15/2025 registered at Police Station – Doundi, District Balod (C.G.) for offence punishable under Section 103 & 331(8) of B.N.S. 2. Case of prosecution in brief is that in the morning of 28.01.2025, dead body of Dhaneshwari Yadav was found in her house. Morgue was reported to the concerned police station and after morgue inquiry a crime was registered against unknown person. During course of investigation, based on the memorandum statement of applicant, he was arrested. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime. Except memorandum statement recorded by the police, there is no connecting evidence against him. He also contended that one of the memorandum witnesses has already examined before the trial court and has not supported case of prosecution. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that looking to the gravity of offence, applicant is not entitled for grant of bail. H further submits that during investigation, on suspicion, applicant was interrogated and in his statement he has admitted his guilt. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, as also considering detention period of applicant, without commenting anything on merits of the case, I am inclined to allow this bail 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. (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 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. 3 / 3 (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