1 2025:CGHC:12104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1670 of 2025 Shubham Singh Thakur S/o Devi Singh Thakur Aged About 25 Years R/o Village - Lokhandi, P.S.- Sakri, Dist.-Bilaspur (C.G.) --- Applicant versus State of Chhattisgarh Through - Station House OfÏcer (S.H.O.), P.S.- Sakri, Dist.- Bilaspur (C.G.) --- Non-applicant MCRC No. 1855 of 2025 Abhay Singh S/o Manishankar Singh Aged About 23 Years R/o Village- Limha, P.S.- Takhatpur, District- Bilaspur (C.G.), Presently R/o L.I.G. 272, P.S.- Civil Line, District- Bilaspur (C.G.) ---Applicant Versus State Of Chhattisgarh Through - Police Station Sakri, District- Bilaspur (C.G.) --- Non-applicant For Applicant (MCRC No. 1670/2025) : Mr. Ravi Kumar Kashyap, Advocate. For Applicant (MCRC No. 1855/2025) : Mr. Sourabh Sharma, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular PREETI KUMARI Digitally signed by PREETI KUMARI 2 bail, as they have been arrested in connection with Crime No. 867/2024, registered at Police Station Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 109(1) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that on 07.11.2024, the Complainant/Ashu Singh lodged an FIR No. 867/2024 at, P.S Sakri, Bilaspur stating that in his house on the roadside at Ramghat Lokhandi, which he rents to one Gurvinder Singh, electrical work was going on for the inspection of which the Complainant around 10:30 PM visited the location where he allegedly found Abhay Thakur and Applicant/Shubham Thakur Drinking and Smoking in front of a shop located nearby. Allegedly Abhay & Shubham tried to enter the house where Gurvinder Singh's wife, who was alone inside, & had stopped them. Concurrently brother-in-law of the Complainant/Ravi Pal arrived, and a fight broke out between him and the accused persons allegedly resulting to injuries inflicted on the complainant and the Ravi Pal. 3. The actual facts of the matter is that near the place of incident, there is a shop which remains open until late at night & on 06.11.2024, Uday Singh Mandale @ Monty, visited this Shop to purchase chowmein, where the Complainant/Ashu Singh was already present who harassed Uday Singh Mandale @ Monty, stating you should not come here, & subsequently called his brother-in-law, engaging in verbal abuse & inflicting injuries with a sharp object. Uday Singh Mandale @ Monty on 07.11.2024, at 1:30 AM had filed a FIR No. 864/2024 at P.S. Sakri where the names of the Applicant/accused have been recorded as eye- witnesses.The present case has been lodged only to influence and threaten the witnesses where no assault had even been alleged in 161 statement of the Victim in the crime number. 3 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant, namely, Shubham Singh Thakur is said to have assaulted the injured with his hand and fists while another applicant, namely, Abhay Singh is said to have assaulted the injured with a knife, resulting in stab wounds on forearm and the injuries sustained by the injured were found to be grievous in nature and the knife was seized from Abhay Singh two months later, and further, there was no actual dispute or altercation between the complainant and the applicant/accused where only with the intent to counter the report made against him by Uday Singh Mandale @ Monty, and the applicants' name was recorded as eye-witness in the FIR against the complainant registered as Crime No. 864/2024 filed by the Uday Singh Mandale@ Monty. Further, the charge-sheet has been filed and the applicants are in jail since 03.01.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed alleging that the applicants assaulted to the injured persons by knife, hands and fists, resulting in grievous injuries, therefore, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case and allegation levelled against the applicants and the fact that the applicant, namely, Abhay Singh allegedly assaulted the injured with a knife, 4 resulting in grievous injuries and the knife was seized from him after two months later, further the applicant has three previous criminal antecedents, out of which two cases are disposed of through compromised and one case is pending, thus, this Court is of the opinion that is not a fit case to grant regular bail to the applicant, namely, Abhay Singh. Accordingly, this bail application of applicant – Abhay Singh involved in Crime No. 867/2024, registered at Police Station Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 109(1) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8. Whereas the fact that the charge-sheet has been filed in the present case and the applicant, namely, Shubham Singh Thakur, is alleged to have assaulted the injured with his hand and fists, resulting in simple injuries. Further, considering the fact that the applicant has two previous criminal antecedents, one is disposed of as compromised and another case is pending, and he is in jail since 03.01.2025, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant, namely, Shubham Singh Thakur, is entitled to be released on bail in this case. 9. Accordingly, the bail application of the applicant, namely, Shubham Singh Thakur, is allowed. Let the applicant - Shubham Singh Thakur involved in Crime No. 867/2024, registered at Police Station Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 109(1) of Bharatiya Nyaya Sanhita, 2023, 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:- 5 (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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (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 sufÏcient 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. 6 10. 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 Preeti