[Cites 7, Cited by 0]
Chattisgarh High Court
Shankar Tandi @ Babu vs State Of Chhattisgarh on 26 February, 2026
1
2026:CGHC:9955
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1962 of 2026
1 - Shankar Tandi @ Babu S/o Bikhari Tandi Aged About 23 Years R/o Quarter No.
B.K.D. - 17, Servent Quarter, Road No. 32, Sector 9, Bhilai, Tehsil And District- Durg
(C.G.)
... Applicant
Versus
1 - State Of Chhattisgarh Through P.S. - Bhilai Nagar, District- Durg (C.G.)
... Non-Applicant
For Applicant : Mr. Achyut Tiwari, Advocate
For Non-Applicant : Mr. Virendra Verma, Panel Lawyer
SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
26/02/2026
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. 120/2023 registered
at Police Station - Bhilai Nagar, District - Durg, Chhattisgarh for the
offences punishable under Sections 302, 34 of the Indian Penal Code,
1860.
2. Case of prosecution is that, on the intimation given to the police that a
dead body is lying on the side of road, police reached on the spot and
after investigation, registered F.I.R. for the alleged commission of offence
punishable under Sections 302, 34 of the Indian Penal Code, 1860
against the applicant and two other co-accused persons namely, Bali Jaal
and Sumit Jaal. Applicant was arrested on 22.03.2023.
3. 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 that the applicant has been arrested
based on the circumstantial evidence i.e. last seen and thereafter, the
memorandum statement was recorded. It is contention of the counsel for
applicant that though the statement of memorandum witness have been
examined, however, that could not only be sufficient to convict the
applicant. In the aforementioned crime, there is no seizure of any
incriminating article from the possession of the applicant, but for the
motorcycle. He is jail since 22.02.2023 i.e. for more than 03 years and till
date, only 03 witness out of 20 witnesses have been examined. Trial may
take sometime and therefore, applicant 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 wife of the deceased
is the witness to the last seen and have also stated that when she called
the deceased on mobile, the voice of some other person was heard by
her. He however, do not dispute the submission of counsel for the
applicant about the examination of only 03 witness till date.
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,
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
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.
Digitally
SHUBHAM signed by Sd/-
DEY SHUBHAM
DEY (Parth Prateem Sahu)
Judge
Dey
