1 2025:CGHC:6043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 946 of 2025 1 - Sanjay @ Amresh Ekka S/o Shri Johan Ekka Aged About 36 Years R/o Village - Nawabandh Birimkela, Police Station - Batouli, District- Sarguja (C.G.), Present Address- Shrigarh Ambikapur, Behind Garage, Ambikapur, District- Sarguja (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer Police Station Ambikapur, District- Sarguja (C.G.) ... Respondent(s) For Applicant : Mr. Vikrant Pillay on behalf of Mr. R.R. Soni, Advocate For Respondent(s) : Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 03/02/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 729/2024, registered at Police Station Ambikapur, District- Surguja (CG) for the offence punishable under Section 103(1) of BNS, 2023. 2. The prosecution story in brief is that on 10.08.2024 between 10:00 2 pm to 10:30 PM a quarrel took place between the applicant and the deceased Jagdev Sarathi on account of the deceased’s act in eating entire Biryani alone and the deceased was beaten by the applicant and the applicant pushed the deceased against iron rod and consequently the deceased received injuries and he died during treatment on 16.08.2024. On basis of the above facts an offence has been registered against the applicant for offence punishable under Section 103(1) of BNS, 2023. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. There is no material on the hand of the prosecution to connect the applicant with the above mentioned crime. There is no admissible material/evidence against the applicant. The applicant is in jail since 21.10.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. 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, that the applicant has no criminal antecedent and the fact that the applicant pushed the deceased against iron rod and consequently the deceased received injuries and he died during treatment on 3 16.08.2024. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Sanjay @ Amresh Ekka, involved in Crime No. 729/2024 registered at Police Station Ambikapur, District - Surguja (C.G.), for the offence punishable under Section 103(1) of BNS, 2023 be released on bail on his furnishing a bail bond of Rs. 25,000/- with two 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 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 4 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 applicant 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 9. 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