1 2025:CGHC:55346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9091 of 2025 1 - Poonamchand Patel S/o Late Firanta Patel Aged About 42 Years R/o Sakin Sivnikala, Police Station Kurud, District Dhamtari (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Officer-In-Charge Kurud, Police Station Kurud, District Dhamtari (C.G.) ... Respondent(s) For Applicant : Mr. Shivam Agrawal, Advocate For Respondent(s) : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 13/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been 2 arrested in connection with Crime No. 257 of 2024, registered at Police Station- Kurud, District- Dhamtari, Chhattisgarh for the offence punishable under Sections 302, 201, 120-B and Section 34 of IPC. 2. The prosecution story, in brief, is that on 14.05.2024 between 8 O’clock the accused persons including present applicant hatched conspiracy for committing murder of deceased Panchram Dewangan who was father of the main accused Sudama, and in furtherance of that conspiracy, the accused committed murder of Panchram Dewangan by strangulation. FIR was registered on 28.05.2024 and after completing the investigation charge sheet was filed. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. Other applicants have been enlarged on bail by this Court in MCRC No. 789 of 2025 vide order dated 29.01.2025 and MCRC No. 7696 of 2025 vide order dated 24.09.2025. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has already been submitted in the present case and the trial is going on. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties and further looking to the involvement of the present applicant and the fact that the co-accused persons, namely, Harish Kumar Sahu vide order dated 29.01.2025 in MCRC No. 789 of 2025 and Sudama Dewanga, vide order dated 24.09.2025 in MCRC No. 7696 of 2025, has already been granted regular bail by this Court. Also considering the fact that there seems to be no direct involvement of the present applicant in the said crime. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant- Poonamchand Patel involved in Crime No. 257/2024, registered at Police Station- Kurud, District- Dhamtari (C.G.) for the aforementioned offence, 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 : (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 4 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 5 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 for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima