1 2025:CGHC:60080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8853 of 2025 1. Jogendra Singh S/o Nandkishor Aged About 24 Years R/o Sakin, Jagdishpur, Police Station Chauparan, District : Hazaribag, Jharkhand 2. Devendra Mahato S/o Baidhnath Mahato Aged About 48 Years R/o Gram Pahriya, Police Station Saraiya, District Muza昀昀arpur, Bihar, Current Address- Harshil Transport, Barampur, Sarvmangala Chowki, Police Station Kusmunda, Tehsil Katghora, District : Korba, Chhattisgarh ... Applicant(s) versus  State Of Chhattisgarh Through Chowki Sarvmangla, Police Station Kusmunda, District : Korba, Chhattisgarh ---Non-Applicant For Applicants : Mr. Anshul Tiwari, Advocate For-Non-applicant : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 10/12/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 98/2025, registered at Police Station Chowki Sarvmangla, Police Station Kusmunda, District Korba, Chhattisgarh for the o昀昀ences punishable under Sections 103, 238 and 3(5) of BNS 2023. Digitally signed by JYOTI JHA Date: 2025.12.12 11:23:41 +0530 2 2. The prosecution story in brief, is that, on 15.03.2025 at 10:05 AM, an informer has informed the Police that a dead state body is 昀氀oating in the water of Hasdeo Nahar near Barampur liquor shop and upon discovering the same a Merg Intimation has been registered as 14/2025, upon investigating, it has been found in the Post Mortem report that the death of the deceased is Homicidal in nature and upon the said report present FIR has been registered against the unknown person on dated 08.04.2025 as FIR no. 98/2025. That, during the course of investigation it has been found that the present Applicants used to work in the same transport company along with the deceased as a driver and when the present applicant has been called for the investigation both the Applicants has confessed their crime and has showed a video to the police of them abusing to the deceased prior to the o昀昀ence and further Applicants have been arrested on the basis of their own memorandum statement and the chargesheet has been 昀椀led against the Applicants under section 103 (1), 238, 3 (5) of Bharatiya Nyaya Sanhita, 2023. 3. It was argued by the learned counsel for the applicant that applicant has falsely implicated in this case, they have not committed any o昀昀ence as alleged against him. The eye witnesses turned hostile and did not support the case of the prosecution. Further there is no incriminating material against the applicant. The applicants are in custody since 13.04.2025 and conclusion of trial may take some time, hence they may be released on bail. 4. On the other hand, the learned counsel for the State opposed the bail application of the applicants. 5. Having heard the contentions put forth on either side and on perusal of 3 record, particularly taking into consideration the fact particularly the fact that there is no direct evidence against the present applicants and there are two eye witnesses who have turned hostile and looking to the involvement of the applicants, the trial is likely to take sometime for its conclusion and the applicants are in jail since 13.04.2025, this Court is of the view that the applicants are entitled to be released on bail in this case. 6. Let the applicants be released on bail on their furnishing a personal bond Rs. 10,000/- with one surety to each applicants in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through their counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed 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 su昀케cient 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. 7. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti