1 2025:CGHC:55347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8854 of 2025 1 - Rajendra Chaturvedi Aged About 46 Years R/o 28/1921, Near Maruti Bakery, Satnami Para, Ward No. 32, Telibandha, Village- Ravigram, Raipur, District- Raipur, Chhattisgarh- 492001 2 - Santosh Mandle Aged About 45 Years R/o Village- Ghorbhatti, Deortilda, District- Raipur, Chhattisgarh- 493225 ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Baloda, District- Baloda Bazar- Bhatapara Chhattisgarh 493332 ... Respondent(s) For Applicants : Mr. Dinesh Yadav, Advocate For Respondent(s) : Mr. Ajit Singh, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 13/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 527 of 2024, registered at 2 Police Station- Baloda, District- Balodabazar-Bhatapara, Chhattisgarh for the offence punishable under Sections 191(2), 333, 296, 115(2) and 103(2) of BNS, 2023. 2. The prosecution story, in brief, is that on 12.08.2024 a written report was lodged by one Mr. Dharam Chaturvedi stating that he was then residing at Rajendra Nagar, Raipur ans permanent resident of Village- Khamariya/ Yadu, P.S. Baloda, District- Balodabazar-Bhatapara. Due to certain land dispute, the Patwari had informed about his arrival for the demarcation at his village. At around 9:30 am, the following accused came to village and started assaulting the informant and his family member with iron road, stick and pointed rod. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. The accused is in jail since 14.08.2024. He further contended that in P.M. report, the cause of death of the deceased was reported to be cardio-respiratory failure. Other applicants have been enlarged on bail by this Court in MCRC No. 8776 of 2024 and MCRC No. 8889 of 2024 vide order dated 22.01.2025. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge 3 sheet has already been submitted in the present case and the trial is going on. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties and further considering the fact that in P.M. report, the cause of death of the deceased was cardio-respiratory failure after 35 hours of the incident. Also considering the fact that there seems to be no direct involvement of the present applicant in the said crime and only on the basis of memorandum statement of accused Rahul Sahu he has been implicated in the present crime. Therefore, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Let the applicants- Rajendra Chaturvedi and Santosh Mandle involved in Crime No. 527/2024, registered at Police Station- Baloda, District- Balodabazar-Bhatapara (C.G.) for the aforementioned offence, be released on bail on their furnishing a personal bond each with two sureties 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 4 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 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 5 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 Madhurima