1 2026:CGHC:13592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2688 of 2026 1 - Komal Dhivar S/o Shri Narayan Dhiver, Aged About 19 Years R/o Chandrakhuri Farm Bastipara Ward No. 06, P.S. Mandir Hasaud, Distt. Raipur (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through P.S. Dharsiwa, Distt. Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 23/03/2026 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 02.09.2025 in M.Cr.C. No. 6935/2025. 2. This second bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 146/2025 registered at Police Station – Dharsiwa, District – Raipur, Chhattisgarh for the offences punishable under Sections 103 (1), 61 (2) & 238 of the Bharatiya Nyaya Sanhita, 2023 and under Section 3/181, 5/180, 146/196, 128A/177 of the Motor Vehicles Act, 1988. 2 3. Case of prosecution is that, on 23.03.2025 one dead body was found on agricultural field. Morgue was reported to the concerned police station and based on the morgue enquiry, police found with the dead body a spoon with blood stains. The deceased suffered multiple injuries over the neck, private part and thigh. Based on the morgue enquiry, FIR was registered against unknown persons. During the course of investigation, applicatn was arrested based on the memorandum statement of the co- accused person (juvenile) and further, the memorandum statement of the applicant was also recorded in which, he admitted his guilt and was arrested on 26.03.2025. 4. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that according to the case of prosecution also, though the applicant accompanied the accused person Sameer Nishad to some extent along with deceased, however, Sameer Nishad dropped the applicant on the way, after that, both of them went further way. According to the case of prosecution also, the juvenile assaulted the deceased due to whcih, she died. He also contended that there is seizure of mobile phone from the present applicant, however, from the material available in the charge-sheet, it is apparent that the mobile phone was handed over by the juvenile to the applicant. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there are material available to suggest that the applicant and the co-accusd Sameer Nishad took the victim along with them. She however, do not dispute the submission of counsel for the applicant that according to the charge- sheet, it is also mentioned that the applicant was dropped on the way by Sameer Nishad. 3 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, material available in the charge-sheet, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned 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 his counsel. In case of his 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 andin order to secure her 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 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. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY