1 2025:CGHC:60504 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10277 of 2025 Keshu @ Keshav Verma S/o Komal Ram Verma, Aged About 22 Years R/o Village Kopra, P.S. Panduka, District Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Panduka, District Gariyaband (C.G.) ---- Respondent For Applicant : Mr. Ankush Soni, Advocate For Respondent/State : Mr. Ajit Singh, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/12/2025 1. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.59/2025, registered at Police Station- Panduka, District Gariyaband (C.G.) for the offence punishable under Sections 103(1), 331(8), 62, 238(A), 61(2), 3(5) of BNS. 2 2. Brief facts of this case are that the applicant/accused is that Pratima Sahu, wife of the deceased Chumman Lal, had an illicit relationship with Daulat Ram Patel. On the intervening night of 25.07.2025 and 26.07.2025, the deceased's wife Pratima Sahu, as part of a plan to murder her husband, called her lover Daulat Ram Patel and another accomplice applicant/accused and when the deceased Chumman Lal Sahu was sleeping under the influence of alcohol, to carry out the murder, the applicant/accused Keshav Verma was stationed outside the house to keep watch and Daulat Ram Patel entered Chumman Lal Sahu's house and strangulated the deceased Chumman Sahu by pressing a pillow in his nose and mouth and The deceased's wife Pratima Sahu killed the deceased Chumman by holding his leg and with the intention of hiding the murder, the deceased's wife told the family members that the deceased Chumman died due to intoxication and to hide the evidence, she cremated the dead body of the deceased and immersed the ashes in the river. In this way, the deceased's wife Pratima Sahu, along with Daulat Ram Patel and co-applicant/accused Keshav Verma, conspired and committed the murder at night. 3. Learned counsel for the applicant contended that the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the defense argued that the applicant has no direct involvement in the crime. They claimed he was made an accused solely due to a conspiracy because he is a friend of the co-accused, Daulat 3 Ram Patel, and because Daulat Ram had used the applicant's mobile phone. The applicant it was submitted that the applicant had no knowledge regarding the incident. The applicant is described as a young man and a poor person. His continued incarceration is causing a severe financial and mental crisis for his family. The allegation against the applicant is only that he stood outside the house as a lookout. He neither entered the house nor participated in smothering or restraining the deceased. His role is purely peripheral, not the principal act of murder. The applicant has deep roots in the society and the applicant is the only bread-earner of his family, he goes into custody then there would arise harsh conditions between the family members of the applicant in their day-to-day routine. He further contended that the applicant in jail since 07.08.2025, charge sheet has been filed and the trial may take some more time, therefore, the applicant may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties and further considering the fact that there is no direct involvement of the present applicant in crime in question. The main accused of this case is Daulat Ram Patel and 4 others. The applicant is in jail since 07.08.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant involved in Crime No.59/2025, registered at Police Station- Panduka, District Gariyaband (C.G.) for the offence punishable under Sections 103(1), 331(8), 62, 238(A), 61(2), 3(5) of BNS, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety 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 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. 5 (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 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 Vasant