1 2025:CGHC:13365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1673 of 2025 1 - Bijendra Pratap Yadav S/o Santosh Yadav Aged About 28 Years R/o Village - Sonpur (Yadavpara), P.S. And Tahsil- Pratappur, Distt.- Surajpur (C.G.) 2 - Ajay Yadav S/o Santosh Yadav Aged About 24 Years R/o Village - Sonpur (Yadavpara), P.S. And Tahsil- Pratappur, Distt.- Surajpur (C.G.) --- Applicants versus The State of Chhattisgarh Through - The Police Station- Pratappur, District - Surajpur (C.G.) ... Non-Applicant For Applicants : Mr. Rahul Mishra, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 25/2025, registered at Police Station : Pratappur, District - Surajpur, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 221, 3(5), 121(1), 324(2) and 132 of Bhartiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 27.01.2025, the complainant, Head Constable Ravi Shankar Choubey, along with a constable (driver), was patrolling in a government vehicle. At around 07:30 PM, they reached near College Chowk, Pratappur, where they saw the applicant riding a scooty in a rash and negligent manner. The complainant stopped the applicant and noticed the smell of alcohol from his mouth. When the applicant was directed to come to the police station for a medical test, he abused and threatened to kill the complainant. It is further alleged that the applicant assaulted the complainant and broke his spectacles. Subsequently, Head Constable Ravi Shankar Choubey filed a written complaint at Police Station Pratappur, based on which an FIR was registered against the applicant. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He further submits that the applicants have not committed the alleged offence as the complainant is posted as Head-Constable in the Police Station Pratappur therefore, the present applicants have been falsely implicated in this case. He further submits that the applicants were not in drunken condition at the time of incident, but the complainant by misusing his power, the FIR has been lodged against the applicants. He further submits that the applicants are in jail since 27.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants in the present case. 3 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge- sheet has not been submitted till date as the investigation is still going on. He further submits that the applicants abused and threatened to kill the complainant and they assaulted the complainant and broke his spectacles. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the documents appended with it. 6. Taking into consideration the facts and circumstances of the case that though the charge-sheet has not been submitted till date as the investigation is still going on and the applicants abused and threatened to kill the complainant and they assaulted the complainant and broke his spectacles, but the applicants have no any criminal antecedents and the applicants are in jail since 27.01.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. 7. Let the Applicants – Bijendra Pratap Yadav and Ajay Yadav involved in Crime No. 25/2025, registered at Police Station : Pratappur, District - Surajpur, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 221, 3(5), 121(1), 324(2) and 132 of Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 5 are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Rahul Dewangan