1 / 5 2025:CGHC:58908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9646 of 2025 Sanrakhu Alias Larha S/o Bhurri Aged About 53 Years R/o Gram-Dongadaraha (Simanpara), Kolhenjhariya P.S.- Tumla, Jashpur District- Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Tumla, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Vedant Shadangi, Advocate For State /Respondent : Mr. Ajit Singh, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 26/10/2025 in connection with Crime No. 18/2025, registered at Police Station Tumla, District Jashpur, C.G. for the offence ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.05 11:06:55 +0530 2 / 5 punishable under Sections 103 (1), 49 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Sections 4, 5 & 10 of the Tonhi Harassment Prevention Act, 2005. 2. The case of the prosecution in brief is that on 01/04/2025 at around 8.30 AM the complainant namely Uttam Sidar left home for a mechanic shop at Kotba for repairing of his vehicle and thereafter at around 10.30 AM when he reached home at Dongadraha, he asked his younger daughter about his wife Prabhawati Sidar and again left for Village Kotba, thereafter at about 12.15 PM his younger daughter called him and informed that his wife is lying near the water tank in a pool of blood. On hearing the same the complainant immediately reached to Dongadraha and found the dead body of his wife and there was a deep cut/wound present on the right cheek of on the right side of the neck. Thereafter, he rushed to the hospital wherein the wife of the complainant was declared dead by the doctors. Consequently, an FIR was registered on 02/04/2025. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the main accused in this case is one Pustam Sidar he has committed the murder of the deceased. He would next contend that the name of the present applicant was not mentioned in the FIR as well as in the charge-sheet it is only when the supplementary charge-sheet has been filed, his name was recorded in the charge-sheet. He would next contend that the statement of the witnesses do not show any role of the applicant for abatement or instigation. He would next contend that there is no seizure has been 3 / 5 made from the present applicant neither there is any eye witness of the incident. He would lastly contend that the applicant is in jail since 26/10/2025 and the charge-sheet in this case has been filed, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Perusal of the documents would show that the main allegations are leveled against one Pushtam Singh Sidar and initially the name of the present applicant was not mentioned in the FIR and even in the charge- sheet his name was not present and only when the supplementary charge-sheet was filed his name was included. Considering the same and the fact that no evidence or seizure has been made against the present applicant and also considering the fact that the charge-sheet in this case has been filed and the applicant is in jail since 26/10/2025, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 7. Let applicant Sanrakhu alias Larha, involved in Crime No. 18/2025, registered at Police Station Tumla, District Jashpur, C.G. for the offence punishable under Sections 103 (1), 49 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Sections 4, 5 & 10 of the Tonhi Harrasment Prevention Act, 2005, be released on bail on his furnishing a personal bond with one surety in like amount to the satisfaction of the Court concerned with the following conditions:- 4 / 5 (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 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 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 Nyay 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 of BNSS 2023. If in the opinion of the trial Court absence of the applicant is deliberate or without sufficient 5 / 5 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. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu