1 2025:CGHC:58807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9874 of 2025 Anil Sinha @ Babu S/o Darewal Sinha Aged About 23 Years (Wrongly Mentioned As Rewal Singh In Impugned Order), R/o- Gogaon Talab Near Dheerpat Temple, Police Station- Gudiyari, Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Gudiyari Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant : Ms. Fouzia Mirza Sr. Advocate assisted by Mr. Navin Shukla, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer p Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 04/12/2025 1. This is the Second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 23.07.2024 in connection with Crime No. 483/2024, registered at Police Station- Gudiyari, District- Raipur 2 (C.G.) for the offence punishable under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2) of BNS, 2023. 2. The prosecution story, in brief, is that on account of old enmity on 15.07.2023 the applicant along with other persons locked the complainant in the house of one Prince Bagade and with intention to kill him assaulted him by base ball bat brutally and forcefully took him in the vehicle and reached to Mandi Hasoud thrown out of the vehicle and again assaulted him by way of hand, fist and knife and under impression that the complainant has died, left him there. Thereafter, the complainant was admitted to the hospital and on the basis of the report of the complainant the FIR was registered and during investigation of applicant was arrested. 3. Learned senior counsel for the applicant would contend that the applicant is innocent and has been falsely implicated in the alleged commission of offence and the name of the applicant is not in the FIR. The complainant has only named two co-accused persons namely Ankush and Prince Bagde, who has assaulted the complainant with an intention to murder him. She would next contend that the complainant has been examined before the learned trial Court on 26.04.20225 and in his cross-examination he has stated that he does not know the applicant and on the instructions of the police she has identified the applicant at Central Jail, Raipur. She would lastly contend that the applicant has been implicated only on the basis of the memorandum statement of the 3 co-accused persons and he is in jail since 23.07.2024, therefore, the applicant may be released on bail. 4. Learned State Counsel raised objection to the contentions of the counsel for 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 complainant has been examined before the trial Court and he has stated that he does not the applicant and on the basis of the instructions of the police he has identified the applicant at Central Jail Raipur. The applicant has no criminal antecedents, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, particularly, the role of the present applicant, this Court is of the view that the applicant is not the main accused and is entitled to be released on bail in this case. 7. Let the applicant- Anil Sinha @ Babu, involved in Crime No. 483/2024 registered at Police Station- Gudiyari, District- Raipur (C.G.) for the offence punishable under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2) of BNS, 2023 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:- 4 (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 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) 5 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 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