1 2025:CGHC:4902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 766 of 2025 1 - Durgesh Yadav S/o Ashok Yadav Aged About 37 Years R/o Janji Pond, Bandhwapara Sarkanda, Police Station Sarkanda, District Bilaspur Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station Chakarbhatha, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Shashank Upadhyay, Advocate For Non-applicant : Mr. Amandeep Singh, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/01/2025 1. This is the second bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 232/2023 registered at Police Station – Chakarbhatha, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 302, 120-B, 201, 34 of the Indian Penal Code, 1860. 2. Case of prosecution is that, on 14.04.2023, kotwar of Village Bodri saw a dead body lying on the side of the road in agricultural field. The morgue was reported, based on which initially crime was registered against unknown person. During the course of investigation, co-accused Durgesh Yadav and Lalita Yadav were interrogated and thereafter, they were SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 arrested. Based on memorandum statement of Durgesh Yadav, applicant was also arrested on 15.04.2023. 3. Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the crime and he has not committed any offence as alleged. He submits that the similarly situated co-accused persons have been enlarged on bail in M.Cr.C. No. 4373/2024 and M.Cr.C. No. 7575/2024. The memorandum and seizure witnesses have not supported the case of prosecution. Except the memorandum and seizure made, there is no other connecting piece of evidence against the applicant. Applicant is in jail since 15.04.2023, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that in the memorandum statement, the applicant has admitted his guilt and seizure of stone has been recovered from the possession of the applicant which was used in commission of offence as also, the key of the motorcycle of the deceased person. 5. I have heard learned counsel for the respective parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, submission of the counsel for the applicant that the other co-accused persons have been enlarged on bail in M.Cr.C. No. 4373/2024 and M.Cr.C. No. 7575/2024, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in 3 the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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 his counsel. In case of his 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 her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey