1 2025:CGHC:477 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8923 of 2024 Phulchand Sarthi S/o Shri Ogo Sarthi Aged About 35 Years R/o Nawagarh, Ambikapur, Distt. - Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Ambikapur, Distt. - Surguja Chhattisgarh. ---- Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/01/2025 1. Mr. Sumit Shrivastava, counsel for the applicant and Ms. Priya Sharma, P.L. for the State-Respondent. 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.334/2023, registered at 2 Police Station- Ambikapur, District Surguja (C.G.) for the offence punishable under Section 302/34 of IPC. 3. Brief facts of this case are that, the informant Umeshwar Singh employee of Medical College, Abmikapur has given the merg intimation regarding the death of Mangaru Nageshiya with the averment that the said Mangaru was admitted in the Hospital and died during treatment. Statement of deceased’s wife is recorded and she has informed that on 18.05.2023, applicant and co-accused have beaten him by hand and fist saying that why you are sitting as bagger near the temple. On the basis of said information, case has been registered against the applicant and co-accused. During investigation, both have arrested. After completion of investigation, chart-sheet is filed. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that if the material available in the charge- sheet and the evidence collected by the prosecution is accepted as it is the offence under Section 323 of IPC is made out against the applicant which is bailable in nature. He further contended that the prosecution agency has not collected any direct or indirect material evidence against the applicant except the memorandum of the co-accused. He further contended that the 3 applicant is in jail since 30.05.2023 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence and involvement of the present applicant in the case. In the present case, main accused is Petra @ Dhadhu. The applicant is in jail since 13.11.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant- Phulchand Sarthi involved in Crime No.334/2023, registered at Police Station- Ambikapur, District Surguja (C.G.) for the offence punishable under Section 302/34 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions : 4 (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 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. 5 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 10. 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 Vasant VASANT KUMAR Digitally signed by VASANT KUMAR