-1- 2025:CGHC:940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8747 of 2024 Tikendra Sahu S/o FatetlalSahu Aged About 41 Years R/o Salebharri Thana Khairagarh District Khairagarh Chhuikhadan Gandai (C.G.) ... Applicant versus The State Of Chhattisgarh Through The Station House Officer Police Station Khairagarh District Khairagarh Chhuikhadan Gandai (C.G.) ... Respondent For Applicant : Mr. Aniruddha Shrivastava, Advocate For State : Mr. Amandeep Singh, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 07/01/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.83 of 2023 registered at Police Station –Khairagarh, District- Khairagarh Chhuikhadan Gandai (CG) for offence punishable under Section 302 of IPC. 2. This is the second bail application on behalf of the applicant. His earlier bail application was dismissed as withdrawn on 14.03.2024 with liberty to repeat the prayer after examination of Digitally signed by PRAVEEN KUMAR SINHA -2- material witnesses. 3. Case of prosecution, in brief, is that on 26.02.2023 police of concerned police station received information about causing death of Fattelal Sahu by axe. Based on the said information, morgue was registered and after morgue inquiry, aforementioned crime was registered and the applicant was arrested and his memorandum statement was also recorded. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime. He has not committed any such offence. He has been arrested based on the statement of wife of applicant namely Vishakha Sahu recorded under Section 161 of Cr.PC. Memorandum statement of applicant was also recorded. Vishakha Sahu has been examined before the trial Court and she has not supported the case of prosecution. Other prosecution witnesses examined before the trial Court have also not supported the case of prosecution. There are as many as 16 enlisted witnesses. Conclusion of trial may take some time. Applicant is jail since 15.04.2023. Hence, the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that apart from the statement of Vishakha Sahu, wife of the applicant, in memorandum statement applicant himself has also admitted his guilt and witnesses to memorandum statement have not been examined. He, however, submits that there is no -3- other criminal antecedent of applicant. 6. I have heard learned counsel for the parties and also perused the documents placed on record. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, period of pre-trial detention of the applicant, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.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 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 -4- 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.” 9. 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) Judge Praveen