1 2025:CGHC:57714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9425 of 2025 Mahendra Kumar Yadav S/o Kunwar Singh Yadav Aged About 33 Years R/o Village- Kodekurse, Police Station- Kodekurse, District- Uttar Bastar Kanker C.G. (As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Kodekurse, District- Uttar Bastar Kanker C.G. ... Respondent(s) For Applicant : Mr. Shivendu Pandya, Advocate For Respondent(s) : Mr. Ajit Singh, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 27/11/2025 1. The applicant has preferred this First Bail Application under 2 Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 08/2020, registered at Police Station Kodekurse, District- Uttar Bastar- Kanker (CG) for the offence punishable under Sections 294, 323, 506, 302 of IPC. 2. The prosecution story in brief, is that, one of the complainant namely Ashok Jain brother of the deceased Dehariram Jain lodged the written report in the Police Station- Kodekurse, District- Uttar Bastar Kanker (C.G.) on 09.10.2020 to the effect that on the date of incident, i.e. on 07.10.2020, present applicant along with the deceased and other persons were going to a party and taking the liquor, thereafter the dispute was created between the applicant and deceased regarding not giving the liquor for drinking on which the simple scolding and scuffle happened between the applicant and deceased. 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The police registered the offence against the applicant only on the basis of suspicion and memorandum made by the accused before the police. The present applicant is implicated in the present case only on the basis of memorandum and postmortem report. The applicant is in jail since 17.08.2024 and conclusion of the trial will take some time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that all the evidences are against the applicant. 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, particularly the fact that the present applicant committed marpit with hand and fists upon the deceased and abused him in filthy language. The applicant is in jail since 14.10.2020 and more than 5 years have elapsed, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, considering the period of detention, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Mahendra Kumar Yadav, involved in Crime No. 08/2020 registered at Police Station- Kodekurse, District- Uttar Bastar Kanker (C.G.), for the offence punishable under aforesaid Sections 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 4 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 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 5 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