1 / 3 -- NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.9271 of 2025 Mahendra Kumar Markande S/o Shri Anjor Das Markande Aged About 31 Years (Wrongly Mention As Mahendra Das Markande), R/o Village- Kirvaie, Police Station- Rajim, District- Gariyaband, (Chhattisgarh) -----Applicant Versus State Of Chhattisgarh Through The P.S.- Rajim, Distt.- Gariyaband (C.G.) ----Respondent For Applicant : Shri Jameel Akhtar Lohani, Advocate. For Respondent/State : Shri Topilal Bareth, P.L. Hon'ble Shri Sachin Singh Rajput Order on Board 25.11.2025 1. The applicant has preferred this first bail application under Section 483 of the B.N.S.S. for grant of regular bail who is arrested in connection with crime No. 139/2016 registered at Police Station - Rajim, District – Gariyaband (C.G.) for offence punishable under Sections 294, 506(B), 323, 326 and 307/34 of the Indian Penal Code, 1860. 2. Case of the prosecution in nutshell is that the applicant along-with the co- accused persons tried to cause burn injuries to the victim - Nandu and Deva and also assaulted them. 3. Learned counsel for the applicant submits that the Nandu Nimawat lodged F.I.R. on 21/06/2016 against four accused persons. The applicant was shown absconding and non-bailable warrant was issued against him and two of the co-accused were put to trial before A.S.J., Gariyaband and one Juvenile in conflict with law was tried before the Juvenile Justice Board, Raipur. He further submits that the other co-accused persons were tried ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.11.25 17:56:19 +0530 2 / 3 -- before the Additional Sessions Judge, Gariyanband. One Co-accused – Meenakshi Markande was acquitted and the accused – Anjor Das was convicted and maximum sentence was awarded to 05 years under section 307 of the IPC and sentence awarded to him was also suspended in Criminal Appeal No. 1415/2019 by this Court. He submits that later on the applicant was arrested on 09/10/2025 and he is facing trial before the learned A.S.J., Gariyaband. He submits that though the non-bailable warrant was issued against the applicant showing him to be absconder, however, the applicant was never absconding as he remained in the Village itself. Even otherwise, he submits that two victims namely - Nandu and Deva have been examined by the Doctor and found simple injuries on their persons. Therefore under any event the case under sections 307, 326 of the IPC is not made out. He submits that trial is likely to take some time, therefore, his application may be allowed and he may be released on bail. 4. Learned Counsel for the State opposes the bail application and submits that the applicant is an absconder and on account of permanent non- bailable warrant issued against him, he was arrested on 09/10/2025. There is a possibility of his absconding again which may affect the progress of the trial. However, he is not in a position to dispute that injuries sustained by victims - Nandu and Deva were found to be simple in nature by the Doctor who examined them. 5. I have heard learned counsel for the parties and perused case diary. 6. Considering facts and circumstances of the case, submissions made here- in-above, trial is likely to take some time and injuries sustained by the victims, I am inclined to grant bail to the applicant. 7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court for 3 / 3 -- his appearance before that Court as and when directed. The applicant shall comply the following conditions:- (i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (ii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; (iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; (iv) that applicant will not involve himself in any offence of similar nature. 5. 5. It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being influenced by any observation made here-in-above. If any one of the above conditions is violated by applicant, the State will be at liberty to file application for cancellation of the bail granted to him. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish