1 2025:CGHC:60003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10155 of 2025 Rishi Sharma S/o Late Laxman @ Raju Bhatt Aged About 19 Years Presently R/o Ward No. 15, Village- Sankara, Police Station- Tilda- Neora, District- Raipur, Chhattisgarh Permanent R/o Village Gorakhpur, Police Station- Gadasarai, District- Dindori, Madhya Pradesh (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet) ... Applicant versus State Of Chhattisgarh Through- Police Station- Tilda Neora, District- Raipur, Chhattisgarh ... Respondent(s) For Applicant : Mr. Anmol Sharma, Advocate For Respondent(s) : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 10/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has 2 been arrested on 06.05.2025 in connection with Crime No. 175/2025, registered at Police Station- Tilda Neora, District- Raipur (C.G.) for the offence punishable under Sections 103(1), 190, 61(2)(a) of BNS, 2023 and Sections 25 and 27 of Arms Act. 2. The prosecution story, in brief, is that on 01.05.2025 @ about 7 A.M. in the morning informant namely Dharam Pal Bhatt informed police authorities that one dead is found lying at village – Bemta, under the Gadriya Nala and the sarpanch informed his that it is the body of his brother Laxman @ Raju Bhatt and last he was seen on 30.04.2025 at a marriage ceremony of his uncle Balram Bhatt at village Sankra and after which he didn't returned home. On the basis of the said information the police authorities have lodged an FIR against the unknown persons and started investigation. During the course of investigation wife of the deceased namely Roshini Sharama was interrogated and, in her memorandum, she has narrated the entire incident that she along with her son Rishi Sharma, Uma Shankar Sharma, Mukesh Sharma and present applicant have committed murder of the deceased Laxman Raju Bhatt on account of continuous mentally and physically torture being committed by him on Roshini Sharma. On the basis of memorandum statement, the police authorities arrested the other co-accused persons and their memorandum statement was recorded and after completion of investigation the police authorities have filed Chargesheet for the above- 3 mentioned offences. The accused persons were arrested on 06.05.2025 and sent them to judicial custody. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence and there ar no material evidences against the present applicant so as to incriminate them in the instant case. The present applicant is aged about 19 years and is languishing in jail since 06.05.2025. The present applicant was arrested only on the basis of suspicion upon the memorandum statement of co- accused persons his mother and he is not involved in the instant crime in any way. There is no direct evidence to prove that the present applicant involvement in the offence under Sections 103(1), 190, 61(2)(a) of BNS, 2023 and Sections 25 and 27 of Arms Act is not made out against the applicant and no incriminating articles has been seized from present applicant apart from one mobile phone. 4. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Looking to the entire facts and circumstances of the case, the age of the applicant who is aged about 19 years, there is no direct evidence against the present applicant and looking to the fact that 4 he was not present at the spot and no recovery of any incriminating material from the present applicant and there is no previous criminal antecedents against the applicant and looking to the involvement of the applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 06.05.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Rishi Sharma, involved in Crime No. 175/2025 registered at Police Station- Tilda Neora, District- Raipur (C.G.), for the aforesaid offences be released on bail on his furnishing a bail 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. (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 them under Section 269 of 5 Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 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 BNSS. If in the opinion of the trial court absence of the applicants 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 them 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 Madhurima