1 2025:CGHC:48715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7668 of 2025 Sheikh Moin S/o Shiekh Akram Aged About 20 Years R/o Behrapara Dharamjaigarh, Police Station And Tehsil Dharamjaigarh, District : Raigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- District Magistrate, Raigarh ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent : Mr. Kishan Lal Sahu, Deputy Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 23.09.2025 1. Applicant has filed this fourth 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. 34/2024 registered at Police Station – Dharamjaigarh, District- Raigarh (C.G.) for offence punishable under Section 302, 201, 120-B of Indian Penal Code. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.23 18:54:06 +0530 2 2. Case of prosecution is that merg was reported by concerned Hospital mentioning that Rajesh Biswas was brought to the hospital in a dead condition. Merg was enquired by concerned Police and based on merg enquiry police concluded that deceased was injected injection of anesthesia on six places of his chest by hatching criminal conspiracy by the accused persons. Applicant was arrested on 19.01.2024. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that there is no material against applicant to connect him with the crime. He submits that applicant is made accused only on memorandum statement of co-accused however, during trial witnesses to memorandum statement has been examined and they have not supported the case of prosecution. Applicant is in jail since 19.01.2024, hence he may be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for applicant and would submit that apart from memorandum statement, police during investigation have collected CCTV footage of the hotel, from which it is appearing that applicant brought co-accused Firiz Yadav, nursing staff of Balaji Hospital who came by road just before the incident. He also contended that Police seized register maintained by the Hotel of incoming guest and stayed in the hotel in which name of Atul Sheikh is mentioned with “Adl”, which means additional guest. However, on asking he submits that Atul Sheikh is not made accused in this case. The FSL report of CCTV Footage which is seized during Police investigation is still awaited and has not forming part of case diary and charge-sheet. It is contended that 3 evidence of memorandum and seizure witnesses is subject matter of appreciation by learned trial Court. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. On due consideration of submission made by counsel for respective parties, nature of allegation against applicant, material collected during case of investigation forming part of charge-sheet and submission made by learned counsel for applicant that memorandum and seizure witness have not supported the case of prosecution and also FSL of CCTV footage has not been submitted, 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 the 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 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 4 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. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE