1 2025:CGHC:12847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2107 of 2025 Virendra Shah S/o Rameshwar Shah Aged About 37 Years R/o House No. 17/ A Umarpoti Road, Station Maroda, Police Station Newai District Durg Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Newai Durg Chhattisgarh. ... Non-applicant For Applicant : Ms. Anuja Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 383/2024 registered at Police Station : Newai, District – Durg (C.G.) for the offence punishable under Sections 296, 115, 351(3), 117(2) and 109 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant filed a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.19 10:52:40 +0530 2 complaint on 24.12.2024, alleging that the applicant, who is her husband, assaulted and abused her with a brick. Based on this complaint, an FIR bearing No. 383/2024 was registered under Sections 296, 115, and 351(3) of the BNS 2023 against the present applicant. Subsequently, after completing the investigation, the police filed a charge sheet and added Sections 117(2) and 109 of the BNS to the original charges. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She submits that the applicant is the husband of the injured complainant and used to suspicion about her character. She further submits that the allegation against the applicant is that he assaulted the victim with a brick. However, according to the victim's MLC report, the injuries sustained were found to be simple in nature. She further submits that the applicant is in jail since 22.01.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. He also submits that the applicant/husband assaulted the injured/wife with a brick due to which, she sustained various injuries, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the allegation against the applicant is that he assaulted the victim with a brick, however, according to the victim's MLC report, the injuries were found to be simple in nature, charge-sheet has also been filed before the competent Court and the applicant is in jail since 22.01.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Virendra Shah, involved in Crime No. 383/2024 registered at Police Station : Newai, District – Durg (C.G.) for the offence punishable under Sections 296, 115, 351(3), 117(2) and 109 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient 4 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek