1 2025:CGHC:54081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8811 of 2025 1 - Jaggu @ Jageshwar @ Pintu S/o Jeevan Lal Verma Aged About 30 Years R/o Village And P.S. Suhela, Distt. Baloda Bazar- Bhatapara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station- Suhela, District Baloda Bazar- Bhatapara (C.G.) (Wrongly Mentioned As Bhatapara In Cause-Title Of Rejection Order) ---Non-Applicant For Applicants : Mr. Adil Minhaj, Advocate For-Non-applicant : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 06/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No.236/2024, registered at Police Station Suhela, District Baloda Bazar Bhatapara, Chhattisgarh for the offences punishable under Sections 103 and 3(5) of BNS 2023. 2. The prosecution story in brief, is that, on 21.09.2024, the complainant/Durgesh Yadav lodged a complaint with the Police Station Suhela, to the effect that he has a tyre shop with the name and style as Digitally signed by JYOTI JHA Date: 2025.11.07 11:29:34 +0530 2 DK Motor Garage PS Tyre Works near Hirmi Wine Shop. The deceased Sanjeev Paswan was working in the said tyre shop. On 19.09.2024 at about 10:15 PM, the Complainant got information from Paras Sahni through mobile that the deceased was being assaulted by Apna Dhaba's owner, Jaggu Verma and his friends. Thereafter, the complainant Durgesh Yadav, the deceased Sanjeev Paswan and Paras Sahni talked on a conference call, where the complainant Durgesh Yadav was informed by the deceased Sanjeev Paswan that Jaggu Verma, Yash Sahu and another co-accused Birendra @ Farzi, due to the deceased's eating in Dhaba, and other money related issues, abused him and assaulted using hands and fists and with stick. The phone call between them was suddenly got cut off, and when he went to see the deceased, he was lying unconscious, covered with blood, near PS Tyre Shop. Thereafter, the deceased was taken to Mission Hospital, Tilda, in an ambulance, from where the deceased was referred to Narayana Hospital, Raipur, where the deceased was declared dead. On the basis of the aforesaid, an FIR was registered for the offence punishable under Section 103 read with 3(5) of BNS. After completion of the investigation, the Police filed the charge sheet against three accused persons namely Yash Kumar Sahu, Jaggu @ Jageshwar @pintu and Birendra @ Farzi. 3. It was argued by the learned counsel for the applicant that applicant has falsely implicated in this case, they have not committed any offence as alleged against him. The witnesses PW-2 to PW-5 turned hostile and did not support the case of the prosecution. Further there is much contradiction in the testimony of PW-1 Durgesh Yadav/complainant. Further there is no incriminating material against the applicant. The 3 applicant is in custody since 21.09.2024 and conclusion of trial may take some time, hence he 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 record, particularly taking into consideration the fact particularly the fact that there is no direct evidence against the present applicant and further there are 26 witnesses and five witnesses have been examined and some of the witnesses 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 21.09.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 6. Let the applicant be released on bail on his furnishing a personal bond with one surety in the like amount 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 4 (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 fixed 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 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti