1 2025:CGHC:57531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8292 of 2025 Dinesh Kumar S/o Ahibaran Ram Aged About 41 Years R/o Village Maharajganj, Police Chowki Ganeshmod, P.S. Balrampur, District- Balrampur- Ramanujganj Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Balrampur, District – Balrampur-Ramanujganj, Chhattisgarh. --- Non-applicant Along with MCRC No. 8859 of 2025 Karamsay S/o Birjhu Aged About 40 Years R/o - Village- Ajabnagar, P.S. Jaynagar, District- Surajpur C.G. ---Applicant Versus State Of Chhattisgarh Through The Outpost Ganeshmod, P.S. Balrampur, District Balrampur-Ramanujganj C.G. ---- Non-applicant For Applicants : Mr. Dashrath Kushwaha, as well as Mr. Bhpendra Singh, Advocates. For Non-applicants/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 119/2025, registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 105 and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant has made complainant to the concerned Police Station that on the date of incident i.e. on 31.08.2025, the applicant has informed that his son Abhay Kashyap aged about 10 years who was suddenly slept and fell down upon tangi, due to which his son was received injuries on left leg and he was admitted in several hospital where he died during treatment. Based on the such information, the Police has registered as merg report against the unknown persons and has registered the crime against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and has been falsely implicated in this case and the charge-sheet has been filed in this case. It is submitted that the applicant namely Dinesh Kumar happens to be the hostel incharge, and the applicant namely Karamsay is said to be its peon, and even if the prosecution case is taken at its place value the case is not triable beyond Section 106 of BNS, whereas offence registered against the applicant is under Section 105 of BNS. The applicants are in jail since 02.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the FIR was registered on the basis of the Merg Intimation, alleging that the applicant without any premeditated 3 intention, caused grievous hurt to a minor child aged about 10 years, namely, Abhay Kashyap, resulting his death. Hence, the applicants are not entitled for grant of regular bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicant namely Dinesh Kumar happens to be the hostel incharge, and the applicant namely Karamsay is said to be its peon, and even if the prosecution case is taken at its place value the case is not triable beyond Section 106 of BNS, whereas offence registered against the applicant is under Section 105 of BNS, charge-sheet has been filed against the applicants, the applicants are in jail since 02.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Dinesh Kumar and Karamsay, involved in Crime No. 119/2025, registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 105 and 3(5) of the BNS, 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 applicants 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 4 bail and pass orders in accordance with law. (ii) The applicants 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. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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. (iv) The applicants 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 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. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar