1 2025:CGHC:60883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10324 of 2025 1 - Ompriy Chaturvedi S/o Johan Lal Aged About 26 Years Santmata Karma Ward, P.S. Bhatapara City, District Balodabazar-Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Simga, District Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicant : Mr. Tessy Abraham, Advocate For Respondent(s) : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 15/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 05.07.2025 in connection with Crime No. 2 360/2025, registered at Police Station- Simga, District- Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 296, 351(3), 191(2), 191(3), 109(1), 115(2), 103(1) 61(2) of BNS, 2023. 2. The prosecution story, in brief, is that on the evening of 4th July 2025, at about 8:00 pm near the shop of one Mr. Sanjay Mandle, the deceased Tamraj Mahipal resident of Village Tora was sitting with Dileshwar Dahariya, Rajesh, Krishana and others. At that moment the principal accused Sunil Patre and Amardeep Patre, both sons of Munshi Patre, along with other associates, arrived at the spot in two Vehicles. Suddenly, the accused persons got down from their vehicles and began to hurl obscene abuses and launched a violent assault upon Tamraj Mahipal using hands, fiists, sticks and sharp-edged weapons targeting vital parts of the body particularly the head and chest with an intention to cause his death. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence, he has not committed any offence as alleged against him. Name of the applicant is not mentioned in the FIR or Charge-sheet, there is no material/evidence available suggesting active participation of this applicant and no incriminating material has been seized from him. Only on the 3 basis of statements of co-accused, this applicant has been made accused in this case. Applicant is in jail since 05.07.2025, conclusion of trial may take some time, hence, 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, nature of allegations, submissions off the counsel for the parties, particularly the submission that only on the basis of statement of co-accused, the present applicant has been arrested, further considering that no incriminating material has been seized from this applicant, detention period of the applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Let the applicant- Ompriy Chaturvedi, involved in Crime No. 360/2025 registered at Police Station- Simga, District- Balodabazar-Bhatapara (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 4 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) opening of the case, (ii) framing of charge and (iii) 5 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