1 2025:CGHC:49827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5967 of 2025 Amit Kumar S/o Shri Rameshwar Singh Kanwar Aged About 23 Years R/o Ward No. 8, Binjhra, Police Station Katghora, District Korba Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Sarkanda, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Vivek Mishra, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 892 of 2025 registered at Police Station : Sarkanda District – Bilaspur (C.G.) for the offence punishable under Sections 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 27/06/2025, the complainant Vicky VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:28 +0530 2 Gupta lodged a First Information Report alleging that while he was walking near Atal Awas, Sarkanda, he noticed a marriage procession coming from Bhilai. At that time, he heard shouting from a room in D Block of Bhukamp Atal Awas, Sarkanda. He immediately rushed towards the room and found that blood was spilled on the floor of a rented room belonging to Urmila Shrivas. Sunita, also known as Sushma, had locked herself inside the toilet, while Urmila was lying in the kitchen and Rani Shrivas, also known as Pramila, was lying on the floor in front of the room door. Urmila Shrivas narrated to the complainant that Aman Patel, a co-accused, had entered the room with a chappad (large knife) and assaulted her with the intention to murder. When the other two women tried to intervene and save her, they were also assaulted with the knife. It is further stated that there was a love relationship between Urmila Shrivas and the co-accused Aman Patel. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case, having no involvement in the alleged offence, which was committed solely by the co-accused Aman Patel due to a prior personal grudge against the injured, Urmila Shrivas. The applicant has been in custody since 28/06/2025, and no witness has seen him at or near the crime scene; the only alleged connection is a scooty, used by both the applicant and the co-accused, which was seized. Being a young, law-abiding person with no previous criminal record and a permanent resident of Ward No. 8, Binjhra, Police Station Katghora, District Korba (C.G.), the applicant is neither likely to abscond nor evade the law. He is willing to furnish adequate surety and abide by all conditions that this Hon’ble Court may impose and 3 reserves the right to raise further grounds at the time of argument; in view of the above, he is entitled to be released on bail, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant had no role in causing injury to the complainant, as the main allegation pertains to the co-accused, Aman Patel, who caused injuries with a knife to the victims, and further considering that the applicant has been in custody since 28.06.2025, and that the case of the applicant is distinguishable from that of the co-accused, and that the conclusion of the trial may take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Amit Kumar, involved in Crime No. 892 of 2025 registered at Police Station : Sarkanda District – Bilaspur (C.G.) for the offence punishable under Sections 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the 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 4 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 Bharatiya Nyaya Sanhita. (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. 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. (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. 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav