Chattisgarh High Court
Lav Prasad Bhargav vs State Of Chhattisgarh on 16 June, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
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2025:CGHC:24624
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3357 of 2025
Lav Prasad Bhargav, S/o. Leela Prasad Bhargav, Aged About 27 Years, R/o.
Satnami Mohalla, Kormi, District Bilaspur Chhattisgarh.
--- Applicant
versus
State Of Chhattisgarh, Through-Police Station - Sirgitti, District Bilaspur
Chhattisgarh
---- Respondent
For Applicant : Mr. K.P.S. Gandhi, Advocate
For Respondent/State : Mr. Keshav Prasad Gupta, Govt. Advocate
Hon’ble Shri Justice Parth Prateem Sahu
Order On Board
16/06/2025
1. Applicant has filed this second 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.457/2021,
registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for
offence punishable under Section 147, 148, 149, 307/149, 302/149,
323/149 of the Indian Penal Code. The first bail application of the
BALRAM
PRASAD
DEWANGAN
applicant was dismissed as withdrawn vide order dated 07.01.2025 in
Digitally signed
M.Cr.C. No.8546 of 2024.
by BALRAM
PRASAD
DEWANGAN
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2. Case of the prosecution, in brief, is that 30.08.2021, at the time of
occasion of matki fod competition during Krishna Janmashtami
festival, applicant along with other came on spot and have assaulted
persons present there in which, Umesh Yadav suffered grievous
injuries and succumbed to injuries during treatment. Incident was
reported to the concerned Police Station, based upon which,
aforementioned crime was registered against applicant and others.
3. Learned counsel for applicant submits that applicant has been falsely
implicated in this case. He has not committed any offence as alleged.
It is contended that charge-sheet was initially filed showing the present
applicant absconding. The other co-accused persons were separately
tried by the learned trial Court for the aforementioned offences and
upon conclusion of trial, learned Claims Tribunal has acquitted all the
co-accused persons giving them benefit of doubt. The witnesses were
examined and not believed by the trial Court, are the witnesses to be
examined in the trial against present applicant also. He submits that
copy of the judgment passed by the Sessions Court in Criminal
Case/CNR No. CGB-01-000440-2022 is filed along with covering
memo between State of Chhattisgarh Vs. Sunil Bhargava & 4 others.
Applicant is in jail since 22.10.2024. Hence, he may also be enlarged
on bail.
4. Learned counsel for State opposes the submission of learned counsel
for applicant and would submit that in the case diary, there are
allegation against the applicant of committing alleged offence. The co-
accused have admitted in his statement about participation of
applicant in the aforementioned crime.
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5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation, submission of learned counsel for the applicant
that five co-accused persons have already been acquitted by the trial
Court on the same evidence, the period of pre-trial detention, without
commenting anything on the merits of the case, I am inclined to allow
this bail application.
7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail on his furnishing a personal
bail bond in the sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the Court on the following conditions :-
(i) The applicant shall file an undertaking to the effect that
she 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 her absence, without sufficient cause, the trial court may
proceed against him under Section 229-A of the Indian Penal
Code.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation under
4Section 82 Cr.P.C. 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 174-A of the Indian Penal
Code.
(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
313 Cr.P.C. 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. However, this Court hope and trust that the trial Court shall make an
earnest endeavour to conclude the trial within a period of six months
from the date of receipt of a certified copy of this order, if there is no
legal impediment.
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
Balram