1 2025:CGHC:60882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10338 of 2025 1 - Durgesh Rajput S/o Shobharam Aged About 25 Years R/o Village - Ghutheli, Police Station - Pathariya, District - Mungeli Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Pathariya, District - Mungeli Chhattisgarh ... Respondent(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Mr. Ajit Singh, G.A. Hon’ble Shri Justice Arvind Kumar Verma 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 2 been arrested on 01.07.2025 in connection with Crime No. 135/2025, registered at Police Station- Pathariya, District- Mungeli (C.G.) for the offences punishable under Sections 103(1), 238(b) of BNS, 2023. 2. The case of the prosecution in brief is that the accused Durgesh Rajput, as the complainant, lodged a report in Police Station - Pathariya alleging therein that his sister Brihaspati was admitted to Pathariya hospital as she was unwell. He went with his wife to visit her on 30.06.2025 and stayed there overnight. On 01.07.2025 at about 6:30 AM, when he went to his Village Ghutheli with his wife, he saw that his elder brother Umesh Rajput was lying dead in the porch of their house. He had a serious injury mark on his forehead and was bleeding. He reported that some unknown person had murdered him by hitting him with an object. On the basis of this report, Police Station - Pathariya registered first information report bearing Crime Number 135/2025 against unknown person under Section 103 of the Bharatiya Nyaya Sanita, 2023 and investigation was initiated. During the course of investigation, a search for unknown person was conducted and upon questioning, the deceased's brother Durgesh Rajput/ present applicant /complainant confessed to the crime. He stated that his brother Umesh Rajput was addicted to alcohol and would always beat his parents after consuming it. Due to this, on the night of 30.06.2025 at about 10:00 PM, he struck his brother Umesh Rajput twice on the head with a large stone, causing his 3 death. He further stated that he buried the stone used in the murder in the courtyard and leveled the surface. During the investigation, the accused was taken into custody, his disclosure statement was recorded and based on his memorandum statement, a stone weighing 17.488 kilograms used in the crime was recovered from the courtyard of the house in the presence of witnesses, Section 238(b) of Bharatiya Nyaya Sanita, 2023 was added, the accused was arrested and after completion of the entire investigation, a charge sheet was filed against the present applicant for offence punishable under Sections 103(1), 238(b) of Bharatiya Nyaya Sanita, 2023 before the learned Judicial Magistrate First Class, Mungeli. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Even if the entire case of the prosecution is taken on its face value no offence would be made out against the present applicant and no material to implicate the present applicant in crime in question has been collected by the prosecution. He further submits that the eye-witness Mr. Shyam Swaroop has been examined before the trial court and he has been turned hostile. Applicant is in jail since 01.07.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4 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 of the counsel for the parties, particularly the submission that the eye-witness Shyam Swaroop has turned hostile during his examination, 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- Durgesh Rajput, involved in Crime No. 135/2025 registered at Police Station- Pathariya, District- Mungeli (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 treat it as abuse of liberty of bail and pass orders 5 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 treat such default as abuse of liberty of bail and 6 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