1 2026:CGHC:14726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2903 of 2026 Avinash Das Manikpuri S/o Madhudas Manikpuri Aged About 20 Years R/o Village Pudu Police Station Ratanpur, District Bilaspur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Sirgitti, Distt. Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Nikhil Wadhwani, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 30/03/2026 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 638/2024, registered 2 at Police Station Sirgitti, District- Bilaspur (CG) for the offence punishable under Sections 103(1) of BNS, 2023. 2. First Bail Application bearing MCRC No. 8638 of 2025 was dismissed as withdrawn by the order dated 31.10.2025. 3. The prosecution case, in brief, is that upon the suspicious death of the deceased Sanjay Rajpoot, a merg was registered and after investigation, Crime No. 638/2024 was registered under Section 103(1) of the Bharatiya Nyaya Sanhita. On the basis of the alleged memorandum statement of the accused, the weapon of offence (shock absorber), motorcycle, and other articles were seized. 4. Learned counsel for the applicant submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicant is in jail since 13.09.2024, the applicant has no criminal antecedent, the material witnesses have been examined and they have not supported the prosecution story. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. From perusal of the record, it appears that the entire case of the prosecution is based on circumstantial evidence. During trial, the material witnesses of the prosecution, namely Shrawan 3 Nirmalkar (PW-1), Gaurav Verma (PW-2), Mudhu Das (PW-3), Suraj Rajpoot (PW-4) and Rakesh Dhruv (PW-5), appeared before the Court but have not supported the prosecution case and were declared hostile. Thus, the vital links required to establish the chain of circumstantial evidence appear to be weak at this stage. It is also noteworthy that the applicant/accused is in judicial custody since 13.09.2024, has no prior criminal antecedents on record, and the trial is likely to take considerable time. 8. Considering the aforesaid facts and circumstances, the nature of evidence available on record, and without commenting on the merits of the case, this Court is of the opinion that the applicant/accused deserves to be released on bail. 9. Let the applicant- Avinash Das Manikpuri, involved in Crime No. 638/2024 registered at Police Station Sirgitti, District - Bilaspur (C.G.), for the offence punishable under Section 103(1) of BNS, 2023 be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 4 in accordance with law. (ii) The applicants 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 applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants 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 applicants 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 5 proceed against them in accordance with law. 10. 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