1 2025:CGHC:11981 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1466 of 2025 Rahul Yadav S/o Santosh Yadav Aged About 26 Years R/o Sector-11, Bapunagar, Khursipar Zone-2, Khursipar, Bhilai , Tahsil And Dist- Durg (Chhattisgarh) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Old Bhilai, District Durg (C.G.) ... Respondent For Applicant : Mr. Jitendra Gupta, Advocate For Respondent/State :Ms. Sunita Manikpuri, Deputy Gov. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11.03.2025 1. The applicant has preferred this Second bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No.415/2022, registered at Police Station- Old Bhilai, District Durg (C.G.) for the offence punishable under Section 302/34 of IPC and Section 25 and 27 of Arms Act. 2. Brief facts of this case are that, on 10.09.2022 at about 6 am the complainant got a mobile call of the deceased Ashok Soni 2 stating therein that he and the other friends were being assaulted by Rajendra Bagh, Rahul Yadav and Vijay. Immediately thereafter the complainant went and saw that all the accused persons including applicant were assaulting the deceased. When he was intending to intervene, he saw that the co-accused Rajendra Bagh was armed with the sharp edged weapon and have caused multiple injuries over the person of Ashok Soni. He was thereafter taken to hospital, where the doctor who examined Ashok Soni declared him dead. Matter was reported to concerned Police Station. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the bail of other accused Santosh Shrivastava is dismissed as withdrawn on 14.02.2023 whereas bail of co-accused Vijay Nirmalkarr has been allowed by the Co- ordinate Bench on 06.01.2025. the allegations against the applicant and co-accused who has been released on bail by this court are similar in nature and their role in the incident are also on the same footing. Hence he pleads to grant bail to the applicant in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 3 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the co-accused has been granted bail and the nature and role in the incident that of the present applicant and the co-accused is on the same footing. This court is in favor of granting bail to the applicant. 7. Let the applicant involved in for the Crime No.415/2022, registered at Police Station- Old Bhilai, District Durg aforementioned offence, be released on bail on his furnishing a personal bond for a sum of Rs. 10,000/- 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 4 court may proceed against him under Section 269 of BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 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 of BNSS, 2023. 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 him 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 alfiza