Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58941
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9636 of 2025 • Rajkumar Baghel S/o Dasu Ram Baghel Aged About 41 Years R/o Village - Dahigonka, District - Kondagaon Chhattisgarh
... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Kondagaon District Kondagaon Chhattisgarh
... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Aditi Singhvi, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer For Objector Mr. Kishore Narayan, Advocate Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 04.12.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 284/2025, registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 61(2), 55/103 of BNS, 2023. 2. The case of the prosecution, is that complainant Kanwal Singh Baghel filed a complaint on 21.08.2025 at P.S. Kondagaon stating that he is having land dispute since 2/6/2024 with his cousin brother/ applicant and the present applicant had ask co accused VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.05 17:48:39 +0530
2 Mohammad Mazhar Ali to cause death of complainant by paying him Rs.50,000-60,000/-. The co accused who is a habitual offender had been calling complainant who is also an advocate to meet him and also followed him. The persons from the village of complainant informed that the applicant has conspired with the co accused. Therefore, aforesaid offences have been registered against the present applicant, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is only one criminal antecedents registered against the present applicant bearing crime No.152 of 2024 registered at police station Kondagaon for offence under Sections 294, 323, 506/34 of IPC, which is pending for it’s conclusion. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4.
On the other hand, the learned State counsel as well as learned counsel for the Objector opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, which is pending for it’s conclusion and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant,
3 the applicant is in jail since 21.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rajkumar Baghel, involved in Crime No.284/2025, registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under Sections 61(2), 55/103 of BNS, 2023, be released on bail on his furnishing a personal bond with two local 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 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 Bharatiya Nyaya Sanhita. (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. 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 the Bharatiya Nyaya Sanhita.
(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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be
4 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice vaishali