1 2025:CGHC:56497-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3518 of 2025 Narayan Yadav S/o Shri Hetu Ram Yadav Aged About 56 Years (Now Age 61 Years) R/o Village - Loharsi, Chowki - Pachpedi, Tahsil And P.S. Masturi, District - Bilaspur Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through The P.S. Pachpedi, Tahsil - Masturi, District - Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr.J.A.Lohani, Advocate For Respondent(s) : Mr.Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 20.11.2025 1. Heard Mr. J.A.Lohani, learned counsel for the petitioner as well as Mr. Saumya Rai, learned Panel Lawyer appearing for the respondent/State. 2. By way of this petition under Section 528 BNSS, the petitioner has prayed for following relief:- BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow the present Criminal Misc. Petition by modifying the Para-25 of Judgment Impugned dtd. 22/08/2025 passed by the in Cr.A.Case No.:-1500/2021, for releasing the petitioner/appellant on furnishing his personal bond for a sum of Rs.25,000/- in place of one surety and thereafter ready to abide by any condition for making arrangement about furnishing one surety for a sum of Rs.25,000/- after his release, to the satisfaction of the Trial-Court, so to meet the end of Justice.” 3. The petitioner had preferred an appeal i.e. CRA No.1500/2021 against the judgment of conviction and order of sentence dated 11.10.2017, the said appeal was allowed by this Court vide judgment dated 22.08.2025 and the petitioner has been acquitted of the charges. Para 25 of the said judgment states as under:- “25. The accused is acquitted of the charges for which he was tried. The impugned judgment of conviction and sentence is set aside. The appellant is acquitted from the charge leveled against him. The appellant is in jail. He be released forthwith if not required in any other case, on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The bail bond shall remain in operation for a period of six months as required under the provisions of Section 481 of the BNSS. The appellant shall appear before the higher Court as and when directed. Accordingly, the Criminal Appeal is allowed.” The petitioner, being aggrieved by the condition "on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court", has preferred this CrMP. 3 4. Learned counsel for the petitioner submits that the petitioner has been in jail since 22.08.2016 and vide letter dated 19.09.2025 addressed to the Secretary, Legal Aid Committee, Chhattisgarh High Court, Bilaspur, has mentioned his inability to furnish the bail bond/surety for the said amount, as he has no contact with any family members, relatives, or friends, and his only family member is his aged, bedridden mother. Therefore, he is unable to furnish the bail bond/surety of Rs. 25,000/- and prays for his release on furnishing only a personal bond. He relied on the order dated 29.03.2022 passed in CRA No.1239 of 2019 (Pardeshi @ Ratiram @ Raturam and others vs. State of Chhattisgarh) wherein this Court relying on the judgments of Supreme Court in the cases of Moti Ram and others vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon and others (I) vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 81 directed the appellants therein to be released on bail on executing only personal bond of Rs.25,000/- for the like amount to the satisfaction of the trial Court and exempted other conditions stipulated earlier while granting bail to the appellants therein. Hence, he prays for similar modification in the judgment dated 22.08.2025. 5. Learned State counsel has no objection. He further submits that the issue of enlarging accused/convict on his executing only personal bond has been elaborately dealt with by this Court in the case of Bhawan Singh and others vs. State of Chhattisgarh (CRA No.1607 of 2015), order dated 11.05.2022, wherein this Court after considering the principle of law laid down by the Supreme Court in the cases of Moti Ram (supra) and Hussainara Khatoon (supra) in great detail 4 coupled with other provisions of law directed the appellants therein to be released on his executing only personal bond, which direction can also be issued in the present case. 6. 6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, particularly the fact that the appellant is a poor man who is unable to comply with the conditions stipulated by this Court in the judgment dated 22.08.2025 while acquitting him and in view of the decisions of the Supreme Court in Moti Ram (supra) and Hussainara Khatoon (supra), as well as the order of this Court in Bhawan Singh (supra), we deem it appropriate to direct that the appellant, Narayan Yadav, be released on furnishing only a personal bond. The judgment dated 22.08.2025 is modified to the extent indicated above. 7. The CrMP stands disposed of accordingly. A copy of this order be communicated to the concerned jail authorities forthwith. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu