1 2026:CGHC:22905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4550 of 2026 1 - Nandkishore @ Nandu Sahu Son Of Madhav Prasad Sahu Aged About 28 Years Resident Of Village Hasaud, Police Station Hasaud, District Sakti (C.G.) 2 - Chudamani Sahu Son Of Late Sagar Lal Sahu Aged About 48 Years Resident Of Village Hasaud, Police Station Hasaud, District Sakti (C.G.) 3 - Dujram Sahu Son Of Shivnarayan Sahu Aged About 30 Years Resident Of Village Hasaud, Police Station Hasaud, District Sakti (C.G.) ... Applicants Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kosir, District Sarangarh- Bilaigarh (C.G.) ... Non-applicant For Applicants : Mr. Raghvendra Pradhan, Advocate along with Mr. Vikram Pratap, Advocate For Non-applicants : Mr. Sangarsh Pandey, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/05/2026 1. This is the first bail application 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. 22/2023 registered at Police Station – Kosir, District – Sarangarh - Bilaigarh, Chhattisgarh for the offences punishable under Sections 302, 201, 34,120 (B) of the 2 Indian Penal Code, 1860 and under Sections 39/192 (1) (A) of the Motor Vehicles Act, 1988. 2. Case of prosecution is that, on 20.09.2022, one Suresh Banjare lodged morgue report to the concerned police station stating that he went near the Mahanadi River and saw a dead body floating over it. On the report, morgue was registered and after morgue inquiry, F.I.R. was registered on 15.02.2023 against Ravi Shankar @ Dara Singh and Bodhram Sahu and they were put to trial. During trial, the wtitnesses Shiva Sahu (P.W. 2) and Bhushan (P.W. 3) in their Court statement has named the present applicants alleging that when these witnesses went to police station, they found the present applicants requesting the police authorities not to take any action against the applicants and also stating that the incident happened due to their mistake. The witness Shiva Sahu (P.W. 2) also stated that case be registerd against the two persons based on the evidence of thesse two witnesses. Police had further started investigation and the applicants were arrested on 06.01.2026 and supplimentary charge-sheet has also been filed. 3. Learned counsel for the applicant submits that applicant are innocent, they have been falsely implicated in the crime. They have not committed any offence as alleged. He submits that the according to the material collected by the police based upon which, the present applicants have been made accused i.e. the wtitnesses Shiva Sahu (P.W. 2) and Bhushan (P.W. 3) and on the same lines, the other two co-accused persons namely, Ravi Shankar and Bodhram Sahu were also made accused and tried by the concerned Court. They have been acquitted from the charges by the learned Trial Court. Acquittal appeal filed against the order of acquittal also came to be dismissed. He contended that against the applicants also, same evidence are available as per charge- 3 sheet. There is no other criminal antecedent against the applicants. Hence, they may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that it is not in dispute that initially, crime was registered against the two co-accused persons. However, upon examination of the witnesses Shiva Sahu (P.W. 2) and Bhushan (P.W. 3) and their statement before the Trial Court, the applicants were interrogated they were arrested and their memorandum statement were recorded. However, he do not dispute the submission of counsel for the applicant about the acquittal of the two co-accused persons and further, dismissal of the acquittal appeal. 5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, other two co-accused persons are acquitted from charges, acquittal appeal filed against the order of acquittal came to be dismissed, 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. 7. 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 4 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. 8. 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/-Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY