1 2025:CGHC:59665 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10084 of 2025 Krishna Kumar Patel, @ Munu S/o Late Shobharam Patel Aged About 55 Years R/o Vill - Amlidhih, P.S. And Tahsil - Pithora, District - Mahasamund (C.G.) ... Appellant versus State Of Chhattisgarh Through - P.S.- Pithora, District - Mahasamund (C.G.) ---- Respondent For Applicant : Mr. J.K. Gupta, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09/12/2025 1. The applicant has been preferred this second bail application under Section 483 of the BNSS, 2023 for grant of regular bail. First bail application has been rejected on merits by this Court on 10.01.2025 in MCRC No.8317/2024. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.12.10 10:39:42 +0530 2 2. The applicant is arrested in connection with Crime No.198/2024, registered at Police Station- Pithora, District Mahasamund (C.G.) for the offence punishable under Sections 103(1), 238/3(5) of BNS. 3. Brief facts of this case are that the younger brother of the complainant Bikhleshwar Sahu alias Munnu had gone missing since night of 23/09/2024 and when he did not return till 25/09/2024, the complainant lodged a missing report in the police station. Thereafter on 27/09/2024 at about 12 o’clock it was informed by one Pitamber Dhruv that some foul smell is coming from the boundary of his field, thereafter, they reached there to see it. Thereafter, at about 6.30 pm report was lodged in the police station. Subsequently, the police reached the spot and took out the dead-body of the brother of the complainant. On the basis of the report the FIR was lodged. 4. Learned counsel for the applicant contended that the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the present applicant has no direct role in crime in question. The main accused of this case is Pitamber Dhruv @ Najru Dhruv and Vidyadhar Sinha @ Dollo Sinha. He further contended that the applicant in jail since 10.10.2024, charge sheet has been filed and the trial may take some more time, therefore, the applicant may be released on bail. 3 5. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties and further considering the fact that there is no direct involvement of the present applicant in crime in question. The main accused of this case is Pitamber Dhruv @ Najru Dhruv and Vidyadhar Sinha @ Dollo Sinha. The applicant is in jail since 10.10.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant involved in Crime No.198/2024, registered at Police Station- Pithora, District Mahasamund (C.G.) for the offence punishable under Sections 103(1), 238/3(5) of BNS, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum 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. 4 (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 BNS, 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 the 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 BNS, 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 him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant