1 2025:CGHC:5233 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 815 of 2025 Yogendra Kumar Sahu S/o Sunil Kumar Sahu Aged About 21 Years R/o Shiv Colony Balod P.S. And District Balod, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Balod, District : Balod, Chhattisgarh ---- Respondent For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 29/01/2025 1. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.430/2024, registered at Police Station- Balod, District Balod (C.G.) for the offence punishable under Sections 109, 3(5), 103 of BNS. 2 2. Brief facts of this case are that on 15-08-2024, the victim Umesh Dugga was assaulted by co-accused by knife on his thigh and during treatment, injured- Umesh Died and thereby the F.I.R. has been registered u/s 109, 3(5), 103 of B.N.S. against applicant & other co-accused. 3. Learned counsel for the applicant contended that the applicant has not committed any offence he was falsely implicated by alleging as main accused in the present case. He further contended that the applicant has not assaulted the victim and in fact he is one who came to rescue the heat of movement. Which shows that the applicant has no intension to cause such incident nor caused by him as well. There was no seizer of weapon was seized from the applicant. Further, the main accused who is Juvenile has been granted bail by the Juvenile Court, Balod & other Co-accused Aman Ramteke were enlarged on bail in MCRC No. 9097/2024. He further contended that the injuries inflected on the body of the deceased as mention in the F.I.R. and the medical report those are not grievous in nature nor that would sufficient to cause death in normal course of life specially when the due treatment was given, it is further very respectfully submitted that so far as the above mention facts and circumstances of the crime would take as it is the applicant’s case would fall under the exception. The applicant is in jail since 3 16.08.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case and the applicant is in jail since 16.08.2024 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. 7. Let the applicant involved in Crime No.430/2024, registered at Police Station- Balod, District Balod (C.G.) for the offence punishable under Sections 109, 3(5), 103 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 4 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 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. 8. 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