1 2025:CGHC:10288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1713 of 2025 1. Mukesh Sahu S/o Atmaram Sahu Aged About 26 Years At - Village Bemta, Tehsil Tilda, District Raipur Chhattisgarh. ... Applicant (In jail) versus 1. State Of Chhattisgarh Through S.H.O. P.S. Tilda Neora, Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra Advocate For Non-applicant : Mr. Amit Verma, Panel Lawyer. SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.442/2024 registered at Police Station Tilda Neora, District Raipur NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 12:15:06 +0530 2 (CG) for the offence punishable under Sections 115 (2), 296, 109, 3(5), 351 (2) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant lodged written complaint in concerned police station to the effect that on 5.9.2024 the applicant along with co- accused persons, in furtherance of their common intention, hurled filthy abuses; assaulted the complainant by means of iron rod, hands and fists and caused injuries. Based on aforesaid complaint, instant crime is registered against applicant and others and the applicant was arrested on 6.11.2024. 3. Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Initially FIR has been registered under Sections 115(2), 296, 3 (5) & 351 (2) of BNS. Later on i.e. after two months of alleged incident, the offence under Section 109 of BNS has been added. Allegation against the applicant is that he has caused injury on right forearm of complainant by means of iron rod, which is simple in nature and not dangerous to life. After completion of investigation, charge sheet has been filed. Applicant is in jail since 6.11.2024; he has no criminal past, the trial of case will take considerable time, therefore, it has been 3 prayed that the applicant be released on bail pending the trial. 4. On the other hand, the learned State counsel opposed the bail application of present applicant. He, however, does not dispute submission of learned counsel for applicant that there is no criminal antecedent against the applicant. 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 and gravity of offence; the fact that applicant is having no criminal antecedent; period of pre- trial detention of applicant and charge sheet has already been filed, I am inclined to grant regular bail to present applicant. 7. Let applicant Mukesh Sahu involved in Crime No.442/2024 registered at Police Station Tilda Neora, District Raipur (CG) for the offence punishable under Sections 115 (2), 296, 109, 3(5), 351 (2) of Bhartiya Nyaya Sanhita, 2023, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with the following conditions:- 4 (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 their absence, without sufficient 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 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 5 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 Nisha