1 2025:CGHC:1468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 127 of 2025 1 - Mohd. Altaf S/o Late Mohd. Mumtaj Aged About 22 Years R/o Khangekala (Saitpur), Thana Saitpur, District Gajipur (U.P.) Present Address Vishram Nagar Jhabar, Thana Dipka District Korba (C.G.) 2 - Sahil Ahmad S/o Seraj Ahmad Aged About 19 Years R/o Yusufpur Thana Mohammadabad, District Gajipur (U.P.) Present Address Vishram Nagar Jhabar, Thana Dipka District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Dipka, District Korba (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.13 18:05:07 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 254/2024 registered at Police Station Dipka, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115, 3(5), 109, 190 & 191 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is on 05.08.2024 at about 11:30 pm, the complainant, namely, Prashant Vishwas has lodged report against co-accused Naval and his friends alleging that they have assaulted the complainant, namely, Manmeet with steel rod on face, due to which, the complainant received severe injuries on his person, thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that though the injured received grievous injuries on his person, but the same was caused by Naval, who assaulted the injured with steel rod, the present applicants assaulted the injured only by hands and fists. He also submits that there was no quarrel between applicants and injured, as well as nothing has been seized from his possession. The applicants are in jail since 17.09.2024, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. He further submits that the applicants alongwith other co-accused persons have assaulted the injured with steel rod, due to which, the injured received grievous injuries on his person, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 17.09.2024, the fact that though the applicants alongwith other co-accused persons have assaulted the injured with steel rod, due to which, the injured received grievous injuries on his person and as per query report, it has been opined dangerous to life, but the said injury was caused to him by Naval, who assaulted the injured by steel rod, further the case of present applicants are distinguishable to that of the co-accused Naval, who assaulted the injured by steel rod, the applicants have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants-Mohd. 7. Let the Applicants-Mohd. Altaf and Sahil Ahmad, involved in Crime No. 254/2024 registered at Police Station Dipka, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115, 3(5), 109, 190 & 191 of BNS, be released on bail on their furnishing a personal bond with two local sureties each in the 4 like sum to the satisfaction of the Court concerned with the following conditions:- (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 are deliberate or without sufÏcient 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil