1 2025:CGHC:56887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9444 of 2025 1 - Lileshwar Sahu @ Lilesh @ Chhotu S/o Bedu Ram Sahu Aged About 25 Years R/o Nayaganj Ward Bhatapara, Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.) (Description Of The Applicant Mentioned As Per Charge Sheet) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - The Station House OfÏcer, Police Of Police Station Simga, District Balodabazar-Bhatapara (C.G.) ---Non-Applicant For Applicants : Mr. Anil Kumar Gulati, Advocate For-Non-applicant : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 24/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S., for grant of regular bail to applicant who has been arrested in connection with Crime No. 360/2025, registered at Police Station Simga, District Baloda Bazar, Chhattisgarh for the offences punishable under Sections 296, 351(3), 191(2), 191(3), 109(1), 115(2), 103(1), 61(2) of BNS 2023. 2. Case of prosecution, in brief, is that on the evening of 4th July 2025, at Digitally signed by JYOTI JHA Date: 2025.11.24 17:25:27 +0530 2 about 8.00 p.m, near the shop of one Mr. Sanjay Mandle, the deceased Tamraj Mahipal resident of village Tora, was sitting with Dileshwar Dahariya, Rajesh, Krishana and others. At that time the main accused Sunil Patre and Amardeep Patre, both sons of Munshi Patre, along with other accused persons, arrived on the spot in two Vehicles and they assaulted to Tamraj Mahipal using hands, fists, sticks and sharp-edged weapons targeting vital parts of the body particularly the head and chest with an intention to cause his death. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Name of this applicant is not named in the FIR or Charge- sheet, there is no material/evidence available suggesting active participation of this applicant and no any incriminating material has been seized from him. Only on the basis of statements of co-accused, this applicant has been made accused in this case. In the statements of eye- witnesses, they have not made any single allegations against this applicant. It is pertinent to mention herein that during the course of test identification parade (TIP) before the Executive Magistrate, the complainant and all the eye witnesses have not identified the present applicant. He further submits that the co-accused has been granted bail by this Court in MCRC No. 8736/2025 and applicant is in jail since 05.07.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the 3 applicant and submits that there is specific evidence/material available against the applicant of committing the aforementioned offence/crime. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that only on the basis of statements of the co-accused, this applicant made accused in this case, and during the course of test identification parade (TIP) before the Executive Magistrate, the complainant and eye witnesses have not identified the present applicant and further the co-accused has been enlarged on bail by this Court in MCRC No. 8736/2025, detention period of the applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application 7. Let the applicant be released on bail on his furnishing a personal bond of Rs. 10,000/- 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 (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 4 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. 8. 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