1 2025:CGHC:55570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9171 of 2025  Sameer Ratre S/o Padman Ratre Aged About 20 Years Caste - Satnami, R/o Village - Hasaud, Tahsil And Police Station - Hasaud, District - Sakti Chhattisgarh ... Petitioner(s) versus  State Of Chhattisgarh Through District Magistrate, Sakti, District - Sakti Chhattisgarh --- Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For-Non-applicant : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 14/11/2025 1. The applicant has preferred this second bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.147/2024, registered at Police Station- Hasaud, District Sakti (C.G.) for the o2ence punishable under Sections 103(1), 332(2), 309(4), 61(2)(a), 317(5), 238(a), 3(5) of the BNS. 2. First bail application was dismissed on merits vide order dated 2 12.06.2025 passed in MCRC No.4274 of 2025. 3. Case of prosecution, in brief, is that a merg intimation was lodged by informant Hiralal Madhukar in Police Station – Hasaud, District - Sakti regarding murder of his Bua (Mangli Bai Mittal) alleging that his aunt was residing in her house alone who has been murdered by unknown person. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime. 4. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is a substantial change in the circumstances there are <ve witnesses have been examined by the prosecution and all the said witnesses are turned hostile and the case of prosecution is based upon the circumstantial evidence and also the name of the present applicant is not mentioned in the FIR. He further submits that co-accused person namely Prahad Shrivas has been granted bail by this Court and role of the present applicant is similar to him, therefore, on the ground of parity, the present applicant may also be enlarged on bail. The applicant is in jail since 10.11.2024, charge-sheet has already been <led and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 5. Per contra, learned counsel appearing on behalf of 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. Considering the facts and circumstances of the case, particularly looking to the fact that co-accused has been enlarged on bail by this Court and also considering the fact that there is a substantial change in the circumstances that there are <ve witnesses have been examined by the prosecution, but all the said witnesses are turned hostile and the case of prosecution is based only upon the circumstantial evidence and also the name of the present applicant is not mentioned in the FIR, applicant is in jail since 10.11.2024, trial is likely to take some time to be <nalized, without further commenting on other merits of the case, I am inclined to release the applicant on bail on the ground of parity. 8. Let applicant be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall le an undertaking to the eect that he shall not seek any adjournment on the dates xed 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 4 accordance with law. (ii) The applicant shall remain present before the trial court on each date xed, either personally or through their counsel. In case of his absence, without su"cient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 BNSS 2023. is issued and the applicant fails to appear before the court on the date xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates xed 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 su"cient 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. 9. OAce is directed to send a certi<ed copy of this order to the trial Court concerned for necessary information. 10. Accordingly, the present MCRC is allowed. Sd/- (Arvind Kumar Verma) JUDGE Jyoti