1 2025:CGHC:548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9115 of 2024 1 - Tasavvar Khan @ Chotu S/o Late Mo. Amaan Aged About 24 Years R/o Street 21, Quarter No. 3/ D Goutam Nagar, Khursipaar, Bhilai, Tehsil And District Durg, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station In Charge, Police Station Khursipar, Bhilai District Durg Chhattisgarh. ... Respondent(s) For Applicant : Mr. Anmol Sharma, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 06/01/2025 1. Applicant has filed this fsirst bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 195 of 2023 registered at Police Station – Khursipar, Bhilai, District – Durg, Chhattisgarh for the offences punishable under Sections 302, 294, 506, 323, 147, 148, 149 and 34 of the I.P.C., 1860. 2. Case of the prosecution, in brief, is that one Vikram Singh lodged a report in the concerned police station alleging that he received a mobile call from one Malkit Singh that he was assaulted by the applicant and other co- accused persons. He suffered grievous injuries upon which complainant Vikram Singh immediately reached on the spot and found that his brother Malkit singh was lying with grievous injuries. He was thereafter taken to hospital, where Malkit Singh Digitally signed by SHAYNA KADRI 2 succumbed to his injuries. During investigation, applicant was arrested based on the statement of one Om Kumar. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the so-called eye-witness based on whose statement applicant was arrested is examined before the Trial Court as P.W.-1 and he has not supported the case of prosecution. He also contended that he is also witness to the memorandum statement of accused person and has also not supported the case to that extent also. Applicant is in jail since 17.09.2023, trial may take sometime, hence, applicant may be enlarged on bail. He also pointed out that on similar facts, three other co-accused persons namely Shubham Sharma, Shubham Lahre @ Ballu and Tarun Nishad have been enlarged on bail in M.Cr.C. No. 8904/2023, M.Cr.C. No. 6738/2024 and M.Cr.C. No. 5635/2024 vide order dated 10.01.2024, 18.11.2024 and 22.08.2024 respectively. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that in the memorandum statement of Tasuvvar Khan, he has admitted his guilt and has also stated that along with him Mohammad Faizal also accompanied and participated in assault to the deceased. He submits that one of the witnesses to the memorandum statement Vikram Singh has supported the case of prosecution. He further contended that there are four criminal antecedent against applicant, two of the year 2021 and two of the year 2022. Offence registered against applicant in the year 2021 is under Sections 147, 148, 149, 294, 506 and 323 and offence registered against applicant of the year 3 2022 is under Section 294, 506, 323, 34. However, upon asking with regard to other witness to the memorandum statement i.e. Om Kumar, he submits that the submission of learned counsel for the applicant based on the deposition of Om Kumar is subject matter of appreciation by the learned Trial Court. 5. I have heard learned counsel for the respective parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties and the period of pre-trial detention, trial may take sometime, other co- accused persons have been enlarged on bail, without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a 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 her presence, proclamation under 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 4 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) Shayna JUDGE