1 2025:CGHC:47515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7429 of 2025 Vindhyachal Kodaku S/o Ramraj Kodaku Aged About 25 Years (Wrongly Mentioned As Vidhyachal Kodku In Order Sheet), R/o Village- Belsar Het Para, Out-Post- Dindo, P.S.- Trikunda, District- Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. Out-Post- Trikunda, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant(s) For Applicant : Mr. Pushkar Sinha, Advocate For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 23/2025 registered at Police Station Trikunda District - Balrampur- Ramanujganj (C.G.) for the offence under Section 105, 3(5) of B.N.S. 2. Case of the prosecution, in brief is that on 25/04/2025, the complainant Magar Sai lodged the merg intimation in the Out-Post- 2 Dindo, P.S- Trikunda and stated that when he was covering the house of Hira Sai with roof tiles along with his brother in law at his in-law's house, at about 5.00 p.m his brother in law told him that a call came from your home, your son Mukesh had gone to the forest with Rajendra Pando, and has been shot, as such they rushed towards their home and his daughter told him that Mukesh along with Rajendra Pando went for hunting the Boar towards the forest, at the time of hunting, Mukesh was shot on his back side by Rajendra Pando, as such he died. On the basis of merg investigation, police registered the alleged offences under section 105, 3 (5) of B.N.S against the present applicant along with co- accused and arrested the present applicant on 26.04.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that admittedly the applicant has not caused any injury to the deceased Mukesh as the co-accused Rajendra Pando has fired the shot on the deceased who was also accompanying the co- accused persons and was his friend for hunting. He further submits that the applicant is no criminal antecedents and in the present case, charge-sheet has been filed before the competent Court and further the fact that the co-accused persons namely Sohrab Ansari, Tempu @ Ramnaresh Pando have already been granted bail by this Court in MCRC No. 4500/2025 and MCRC No. 6969/2025, vide order dated 25.07.2025 and 02.09.2025 respectively and the case of the applicant is similar to that co-accused therefore, he prays for grant of bail to the applicant on parity. 3 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that the charge- sheet has been filed in the present case before the competent Court. He further submits that as per the memorandum statement of the applicant/accused Vindhyachal Kodaku attached with the case diary, it is shown that he produced and got seized one muzzle- loading gun, which he had used in the incident and kept hidden under a putus bush in the forest near his house, thereby indicating his involvement in the crime. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further considering the fact that the co-accused persons namely Sohrab Ansari, Tempu @ Ramnaresh Pando have already been granted bail by this Court in MCRC No. 4500/2025 and MCRC No. 6969/2025, vide order dated 25.07.2025 and 02.09.2025 respectively and the case of the applicant is similar to that co- accused and the conclusion of the trial is likely to take quite long time, therefore, this Court is of the view that the applicant is entitled to be released on bail on parity. 7. 7. Let the Applicant – Vindhyachal Kodaku, involved in Crime No. 23/2025 registered at Police Station Trikunda District - Balrampur- Ramanujganj (C.G.) for the offence under Section 105, 3(5) of B.N.S., be released on bail on furnishing personal bond with two 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) 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. (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. If in the opinion of the trial court absence of the applicant is 5 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/- (Ramesh Sinha) Chief Justice Kunal