1 2025:CGHC:8997 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 559 of 2025 1 - Anita W/o Laxmichand Sahu Aged About 40 Years R/o Village Loharidih Police Station And Tahsil Rengakharkala District - Kabirdham (C.G.) 2 - Mantora Bai W/o Barma Sahu Aged About 40 Years R/o Village Loharidih Police Station And Tahsil Rengakharkala District - Kabirdham (C.G.) 3 - Chhanni Bai W/o Itwari Sahu Aged About 40 Years R/o Village Loharidih Police Station And Tahsil Rengakharkala District - Kabirdham (C.G.) 4 - Rupoutin Bai W/o Anuj Sahu Aged About 36 Years R/o Village Loharidih Police Station And Tahsil Rengakharkala District - Kabirdham (C.G.) 5 - Omprakash Sahu S/o Ramkumar Sahu Aged About 24 Years R/o Village Loharidih Police Sation And Tahsil Rengakharkala District - Kabirdham (C.G.) ...applicants versus State Of Chhattisgarh Thourgh Police Station Rengakhar District - Kabirdham (C.G.) ….respondent For Applicants : Mr.Shyam Kumar, Advocate For Respondent/State :Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20.02.2025 1. The applicants have preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as they have been arrested in connection with Crime No.66 of 2024, 2 registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Section 109,191(2),191(3),189(5),127(2),287,333,324(6),310(2),326(g),6 1(2)(a), 189(4),332(b) of BNSS, 2023. 2. Brief facts of this case are that, one Roman Sahu lodged instant FIR alleging that on Shivprasad Sahu was found dead at the CG/MP border and the entire village apprehended that the said person was killed by his maternal uncle Raghunath Sahu, and therefore the entire villagers attacked at the house of Raghunath Sahu and also the house of the complainant and also set fire on the house and looted the household things. Though the names of applicants were not mentioned in the FIR but on the basis of memorandum statement of co accused applicants were arrested and falsely implicated the instant case. 3. Learned counsel for the applicants contended that, the applicants are innocent and they have falsely been implicated in the alleged crime, they have not committed any offence as alleged against them. He further contended that FIR was not registered against the present applicants and no incriminating articles have been seized or recovered from the possession of the applicants. The present applicants are in jail since 16.09.2024. The applicants are ready to furnish adequate surety 3 and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the applicants are in jail since 16.09.2024. This court is in favor of granting bail to the applicants. 7. Let the applicants involved in Crime No.66/2024, registered at Police Station- Rengakhar, district Kabirdham (C.G.) for the aforementioned offence, be released on bail on their furnishing a personal bond with two sureties each 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. 4 (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 BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the 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 BNS, 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 him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza