1 2026:CGHC:4524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 604 of 2026 Ajay Sao S/o Kriparam Sao Aged About 24 Years R/o Village- Aurda, Police Station - Pusor, District- Raigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through S.H.O. Of The Police Station- Tamnar, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate For Non-Applicant : Mr. Akanksha Verma Dabhadker, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 27/01/2026 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 05.08.2024 in M.Cr.C. No. 5528/2024. 2.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. 133/2023 registered at Police Station – Tamnar, District – Raigarh, Chhattisgarh for the offences punishable under Sections 302, 394, 201, 120B/34 of the Indian Penal Code, 1860. 3. Case of prosecution is that, one Babulal Chouhan gave information in concerned Police Station that two dead bodies are lying near Selfie Point, 2 Palighat, Tamnar. Based on said information, police registered morgue and after morgue inquiry, crime was registered against an unknown person. During course of investigation, applicant was arrested on 23.03.2023. 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 the applicant has been arrested only on the basis of the location of the mobile nearby the place of incident. He contended that after withdrawal of the first bail application, about 1 ½ year has been passed and till now, 13 witnesses have been examined out of 35 witness including the memorandum and seizure witnesses. The memorandum and seizure witnesses have not supported the case of prosecution. The similarly situated co-accused persons namely, Rakesh Khute, Manoj Sahu, Jainand Sahu and Jainul Khan have been enlarged on bail in MCRC No. 308/2025, MCRC No. 9150/2025 and MCRC No. 1972/2025 by this Court and therefore, case of the applicant is on similar footing. He lastly submits that the applicant is in jail since 23.03.2023 and therefore, he has completed about more than 02 years and 09 months of pre-trial detention. Trial may take sometime, hence, he may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that the applicant has admitted his guilt in the memorandum statement recorded by the police, however, upon asking, she submits that there is no eye-witness to the incident, applicant was arrested only on the basis of location of mobile near the place of incident. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 3 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, co-accused persons i.e. Rakesh Khute, Manoj Sahu, Jainand Sahu and Jainul Khan have been enlarged on bail in MCRC No. 308/2025, MCRC No. 9150/2025 and MCRC No. 1972/2025, 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 Date: 2026.01.29 11:50:25 +0530