1 2025:CGHC:54752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9007 of 2025 Gopi Das S/o Late Gangadhar Das Aged About 31 Years R/o P V 121, Police Station Pakhanjur, District North Bastar Kanker Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Office, Police Of Police Station Pakhanjur, District North Bastar Kanker Chhattisgarh ... Respondent For Applicant : Mr. Krishna Kumar Khatri, Advocate For Respondent : Mr. Satish Gupta, Government Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 11.11.2025 1. Applicant has filed this first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS”) for grant of regular bail as he has been arrested in connection with Crime No. 04/2024 registered at Police Station – Pakhanjur, District- North Bastar, Kanker (C.G.) for offence punishable under Sections 120-B, 302/149, 201 of Indian Penal Code and Section 25(1-B) (A) & 27 (3) of the Arms Act. 2. Case of the prosecution, in brief, is that on 07.01.2024 at about 8:00 PM, all the accused persons along with the present applicant have murdered Aseem Rai. The incident was reported to the concerned Police Station, based upon which aforementioned crime was registered and during course of 2 investigation, applicant along with other co-accused was also arrested on 11.01.2024. 3. Learned counsel for applicant would submit that applicant is innocent and he has been falsely implicated in the present case. He further submits that after investigation Police submitted charge-sheet in which there is no connecting piece of evidence against the present applicant. Charge-sheet has been filed against 14 accused persons out of which seven persons have been enlarged on bail by this Court. He also submits that allegations against the co-accused persons who have been released on bail by this Court are same as leveled against the applicant herein. There is no seizure of any incriminating articles except some cash, mobile phone and a motorcycle from the possession of applicant. There are as many as 100 prosecution witnesses, therefore, trial may take some considerable time to conclude, hence, the applicant be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for applicant and would submit that in the case diary co-accused Vikas Talukar was hired to shoot out the deceased by the accused persons and accordingly Vikas Talukdar has shot dead Aseem Rai by opening fire upon him through pistol. As per the allegation available in the case diary, co-accused persons have made arrangement of money for purchase of weapon used for causing murder of Aseem Rai. The police has also seized mobile phone from the accused persons and as per the material collected by the investigating agency it is appearing that all accused persons were connected to each other through mobile phone and were also found present nearby the place of incident. Police has also seized CDR to prove the location of accused persons. He lastly submits that according to case diary there is no criminal antecedent against the present applicant, however, he submits that Rs. 3 Lac cash has been seized from the possession of applicant. 5.I have heard learned counsel for the parties and also perused the documents placed along with this bail application. 3 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and also considering the fact that there is no criminal antecedent of present applicant, report of CDR is still awaited and seven accused persons have been enlarged on bail by this Court, without commenting anything on merits of case, I am inclined to allow the application. 7.Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 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 him counsel. In case of him 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 his 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 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 4 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. 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. sssd/- (Parth Prateem Sahu) alza JUDGE ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.11 18:42:25 +0530