1 2025:CGHC:10297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1697 of 2025 Bal Mukund Yadav @ Chhotu S/o Bharatlal Yadav Aged About 28 Years R/o Dabripara Near Science College Police Station Sarkanda District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station City Kotwali District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Shrivastava, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/03/2025 1 The applicant has preferred this First Bail Application 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. 20/2025, registered at Police Station – City Kotwali, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act. 2 The case of the prosecution, in brief, is that the complainant has lodged a complaint that on 09.01.2025 at 11:30, the complainant along PREETI KUMARI Digitally signed by PREETI KUMARI 2 with his friend Nikhil Dewangan was returning to home from CIMS hospital when he reached near Sai Temple Gondpara to unpaved road which leads towards the river, the applicant came and on the pretext of previous enmity started abusing him. Upon intervening, the accused assaulted him in right leg by iron weapon which is used for cutting coconut. Nikhil Dewangan intervened he was also abused and threatened to knife by the applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that as per the First Information Report lodged by the complainant clearly shows that there was previous enmity between the applicant and the complainant, due to motive of revenge the complainant has lodged the present complaint against the present applicant, further in the medical report, it is opined by the examiner that the injury is simple in nature. It is also submitted that the applicant has two previous criminal antecedents as Crime Nos. 1399/2021 and 376/2018 in Police Station – Sarkanda, both the cases have been concluded on the basis of compromised, the charge-sheet has been filed and the applicant is in jail since 10.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that the applicant assaulted the complainant on the right leg with an iron tool used for cutting coconuts. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the 3 documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the victim is simple in nature and further, the applicant has two previous criminal antecedents, both the cases have been concluded on the basis of compromised, the charge- sheet has been filed and he is in jail since 10.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Bal Mukund Yadav @ Chhotu, involved in Crime No. 20/2025, registered at Police Station – City Kotwali, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 25 of Arms Act, be released on bail on his furnishing a personal bond 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 Bharatiya Nyaya Sanhita. 4 (iii) 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 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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. 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/- (Ramesh Sinha) Chief Justice Preeti