1 CGHC010279102026 2026:CGHC:32767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6844 of 2026 Koushal @ Kamlesh Pawade S/o Bilyar Aged About 22 Years R/o Village Sargiguda, Police Station Devbhog, District- Gariyaband, C.G. --- Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Devbhog, District- Gariyaband, C.G. ---- Respondents For Applicant : Mr. A.D. Kuldeep, Advocate For Respondent : Mr. Atanu Ghosh, Dy.G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 29/07/2026 1. Applicant has filed this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 11 of 2023, registered at Police Station – Devbhog, District – Gariyaband (C.G.) for offence punishable under Section 365, 302, 201, 364, 147, 148, 149 of Indian Penal Code. 2. Case of the prosecution, in brief, is that a report was lodged on 7.1.2023 alleging that Wahid Ali was abducted by some unknown persons, who came in the village on motor cycle. Based on the aforementioned information, crime was registered for offence under BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 Section 363 of I.P.C. during the course of investigation, co-accused Kishan Harpal was interrogated and he was arrested. His memorandum statement was recorded, in which he admitted the guilt and also named the applicant, based upon which, applicant was also made accused and was arrested. 3. Learned counsel for applicant submitted that applicant is innocent and has been falsely implicated in instant crime. He has not committed any offence as alleged. There is no criminal antecedent against applicant. Except the memorandum statement, there is no other connecting piece of evidence available in charge-sheet to connect the applicant in the aforesaid crime. It is contended that other co-accused persons namely Rohit Sonwani, Jai Prakash Markam and Kishan Harpal @ Jai and Bhawani Shankar Harpal @ Bhoj have been enlarged on bail by this Court vide order dated 30.07.2024 in M.Cr.C. No.4692 of 2024 and 01.05.2024 in M.Cr.C. NO.2557 of 2024 and in M.Cr.C. No. 7325 of 2024 vide order dated 14.11.2024 taking note of the deposition of the prosecution witness Bireshwar Sori (P.W.-4) and Tankeshwar Baghel (P.W.-5) and case of the applicant is also on same footing. Applicant is in jail since 10.01.2023, hence, he may be enlarged on regular bail. 4. Learned counsel for the State opposes the submissions of learned counsel for applicant. However, upon asking, he submits that there is no eye-witness to the incident and the applicant is arrested on the basis of memorandum statement. He further submits that deposition of prosecution witnesses relied upon by learned counsel for applicant is subject matter of appreciation by the learned trial Court. 3 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of case, nature of allegations, period of detention, submission of counsel for respective parties, in particular the submission of learned counsel for applicant based on the deposition of seizure and memorandum witnesses and further taking into consideration the fact that similarly placed co- accused persons Rohit Sonwani and Jai Prakash Markam @ Jaiky, Kishan Harpal @ Jai and Bhawani Shankar Harpal @ Bhoj have been released on bail by this Court, without commenting anything on merits of the case, I am inclined to allow the bail 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 4 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. Sd/- (Parth Prateem Sahu) Judge Balram