1 2026:CGHC:4008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 616 of 2026 1 - Hansraj Nirala S/o Birsingh Aged About 19 Years R/o Village Katekoni, Police Station Sarangarh, District- Sarangarh-Bilaigarh, C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Sarangarh, District- Sarangarh-Bilaigarh, C.G. ... Respondent For Applicant : Mr. Ganesh Burman, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 22/01/2026 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 708/2022 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh (C.G.) for offence punishable under Sections 302 read with Section 34 of IPC. 2. Case of the prosecution is that, on 18.12.2022, in the night, the applicant along with the co-accused and the deceased were consuming liquor, at that time, some dispute took place between them and the deceased was assaulted by accused persons. Co- accused Hansraj assaulted the deceased by means of stone on the head of the BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 deceased, victim succumbed to the head injury. Applicant was arrested on 19.12.2022. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He has been arrested only on the basis of memorandum statement of one co-accused namely Jaswant. There is no direct evidence against him nor any eye-witness to the incident. Applicant is in jail since 19.12.2022 and thereby he has completed more than three years of pretrial detention. Out of 23 witnesses, only 4 witnesses were examined till April, 2025, however, upon asking he submits that he is not aware about present status of the trial. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that apart from memorandum statement against applicant of co-accused, there is seizure of stone and shirt from possession of applicant with blood stain. She however, do not disputed the submission of learned counsel for applicant that there is no eye-witness to the incident, however, she submits that there is circumstantial evidence against applicant. There is witnesses of last seen i.e. Bhupendra Jagwar, Santosh Kumar and Neel Kumar out of which only Bhupendra Jagwar has been examined. Upon asking she submits that there FSL report is not available in case diary. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective 3 parties, period of pre-trial detention of applicant since 19.12.2022, submission of learned counsel for respective parties, tender age of applicant, there is no criminal antecedents against him, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 the Bharatiya Nyaya Sanhita. (d) 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. If in the opinion of the trial court 4 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 concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE Balram