1 2025:CGHC:6278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8909 of 2024 1 - Amit Chandrakar S/o Bharatlal Chandrakar Aged About 22 Years R/o Indira Nagar, Hathkhoj, P.S.- Old Bhilai, District- Durg, C.G. --- Applicant versus 1 - State Of Chhattisgarh Through P.S.- Old Bhilai, District- Durg, C.G. --- Non-Applicant MCRC No. 785 of 2025 1 - Yadunandan Sinha @ Jaggu Sinha S/o Late Shri Mohanlal Sinha Aged About 40 Years R/o Indira Nagar, Hathkhoj, P.S. Old Bhilai, District Durg, Chhattisgarh. ---Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Old Bhilai, District Durg, Chhattisgarh. --- Non-Applicant For Respective Applicants : Shri Shyam Kumar and Shri Sanjay Kumar Agrawal, Advocates. For Non-Applicant : Shri TS Sahu, Panel Lawyer. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.02.04 16:25:42 +0530 2 04/02/2025 : 1. The aforesaid bail applications are being disposed of by this common order, as they arose out of Crime No.15/2023 registered at Police Station Old Bhilai, District Durg for offence under Sections 147, 148, 302/149, 336, 212, 34 of the IPC. 2. MCRC No. 8909 of 2024 is the first bail application on behalf of applicant Amit Chandrakar whereas, MCRC No. 785 of 2025 is the 3rd bail application filed by applicant Yadunandan Sinha @ Jaggu Sinha. 3. Prosecution case, in brief, is that the present applicants along with other co-accused persons hatched a conspiracy to kill the deceased persons Manoj and Suraj as they committed theft in the Industrial Area and also quarrelled with one Akshay. Therefore, on the date of the incident, the accused persons chased the deceased persons armed with iron rod, brick, club etc. and assaulted them in a brutal manner. During investigation, the accused persons were apprehended and from the present applicant, a brick piece stained with blood was recovered. Based on such allegations, the aforesaid offence has been registered. 4. Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime. Similarly situated co-accused persons namely, Vikas Tiwari, Akshay Chandrakar and Priyanshu Raut have already been released on bail by this Court vide orders dated 16.10.2024, 13.11.2024 & 19.11.2024 passed in MCRC Nos.6744/2024, 7421/2024 & 7328/2024 respectively, and the case of the present applicants is similar to that of the aforesaid accused persons. They submit that on the basis of memorandum given by accused Amit 3 Chandrakar, a stone has been recovered and from accused Yadunandan Sinha @ Jaggu Sinha, a red brick has been recovered. Conclusion of trial is likely to take considerable time, material witnesses have already been examined and they have not supported the case of the prosecution. For all the aforesaid reasons, the applicants may be released on bail. 5. On the other hand, learned State Counsel would oppose the bail applications. However, he fairly admits that the case of the present applicants is similar to that of the other co-accused persons, who have been released on bail. 6. In the circumstances, this Court is inclined to release the applicants on bail. 7. Accordingly, the Applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court, along with the following conditions:- “(a) They shall file an undertaking to the effect that they 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) They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate 4 proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) They 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 applicants 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 them in accordance with law. Sd/- (Deepak Kumar Tiwari) Judge Barve