1 / 4 2025:CGHC:52746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8622 of 2025 Shivram Netam S/o Late Roopsingh Netam Aged About 40 Years R/o Police Station Madanwada District Mohala-Manpur-Ambagarh Chowki (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Madanwada District Mohala-Manpur-Ambagarh Chowki (C.G) ... Respondent For Applicant : Mr. Aditya Bhardwaj, Advocate For State /Respondent : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 29/10/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 02/06/2025 in connection with Crime No. 02/2025, registered at Police Station Madanwada, District Mohala-Manpur- Ambagarh Chowki, C.G. for the offence punishable under Sections 93, 103 of B.N.S.S. 2. The case of the prosecution in brief is that on 27/05/2025 a newborn child was delivered at the home of the present applicant and his wife ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 / 4 Bishro Bai, without the assistance of any medical personnel. At that time another accused Manaro Bai, who lives in the neighbourhood, was called. The new born was alive at the time of birth. However, the applicant’s mother, Sunara Bai, strangulated the new born to death with both her hands. Thereafter, the newborn was wrapped in a household saree and buried in the mud near the pond with the help of another co- accused. During the incident the applicant was standing near the road. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the prosecution case does not allege that the applicant was physically present at the scene of crime at the time of incident . He would next contend that the applicant has been falsely implicated as he has no active participation in the alleged crime. He would next contend that the applicant has been implicated solely on the basis of statements made by the co-accused persons and even no recovery has been made from the present applicant. He would lastly contend that the applicant is in jail since 02/06/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the entire facts & circumstances of the case and the involvement of the accused and the role played by him as he has not participated in the alleged crime in any manner i.e. committing murder of the newborn baby and the prosecution has only alleged that the applicant was standing near the scene of occurrence, therefore, I am 3 / 4 inclined to allow the instant bail application and release the applicant on bail. Accordingly, the bail application is allowed. 7. Let applicant Shivram Netam, involved in Crime No.02/2025, under Sections 93, 103 of BNSS, police station Madanwada, District Mohala- Manpur-Ambagarh Chowki, C.G., be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in like amount 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 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 fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of 4 / 4 Bhartiya Nyay Sanhita, 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 of liberty of bail and proceed against them in accordance with law. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu