Chattisgarh High Court
Manoj Singh vs State Of Chhattisgarh on 27 June, 2025
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2025:CGHC:28350
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4939 of 2025
1 - Manoj Singh S/o Late Rajendra Singh Aged About 23 Years Caste Gond R/o Pahadgaon
P.S. Jainagar, District Surajpur, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station Jainagar, District
Surajpur, Chhattisgarh.
... Respondent(s)
For Petitioner(s) : Mr. Hariom Rai, Advocate
For Respondent(s) : Mrs. Upasna Mehta, Dy. G.A.
Hon’ble Shri Justice Arvind Kumar Verma
Order on Board
27.06.2025
1. The applicant has preferred this Second Bail Application under
Section 483 of the BNSS, 2023 for grant of bail as he has been
arrested in connection with Crime No. 76 of 2024, registered at
Police Station- Jainagar, Surajpur, Chhattisgarh for the offence
punishable under Section 302, 201 and 506 of IPC.
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2. First Bail Application bearing MCRC No. 544 of 2025 was rejected
by this Court on 20.01.2025.
3. Brief facts of this case are that, son of the deceased has made a
written complaint before the concerned Police Station Jainagar
regarding the scuffle has been arosen and when the present
applicant return to his home at about 7-8 pm, he asked to his
father regarding bull and father has informed that he sell out the
bull and due to that reason the present applicant in a heat of
movement assaulted his father with the iron rod and due to that
the deceased died.
4. Learned counsel for the applicant contended that, the applicant is
innocent and he has been falsely implicated in the alleged crime,
he has not committed any offence as alleged against him. The
present applicant is 23 years old and is in jail since 08.04.2024.
He further submits that out of 19 witnesses 9 material witnesses
have been examined and have not supported the prosecution
story. The applicant is ready to furnish adequate surety and shall
abide all the directions and conditions which may be imposed by
this Court while granting bail.
5. Per contra, learned counsel for the State opposes the bail
application submitted by the applicant.
6. I have heard learned counsel for the parties, perused the case
and other materials available on record.
7. Taking into consideration the facts and circumstances of the case
and further considering the submission of the counsel for the
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applicant that 9 material witnesses have been examined and they
have not supported the prosecution story, the substantial change
in the circumstances of the case, this court is of the considered
opinion that the present case is a fit case to allow the first bail
application of the present applicant.
8. Let the applicant- Manoj Singh involved in Crime No. 76/2024,
registered at Police Station- Jainagar, District- Surajpur (C.G.) for
the aforementioned offence, be released on bail on his furnishing
a bail bond of Rs. 25,000/- with two sureties in the like sum to
the satisfaction of the Court concerned with the following
conditions :
(i) 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.
(ii) 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
BNS, 2023.
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(iii) In case, the applicant misuses the liberty
of bail during trial and in order to secure his
presence, proclamation under Section 84 of the
BNSS, 2023 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 BNS, 2023.
(iv) 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, 2023. 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance forthwith.
Sd/-
(Arvind Kumar Verma)
Judge
Madhurima