1 2025:CGHC:11438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1795 of 2025 Rakesh Sahu S/o Ghanaram Sahu, Aged About 37 Years, Nehru Chowk, Teen Kua, Near Bajrang Maidan, Camp - 2, Police Station Cantonment, Bhilai, Tehsil District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The S.H.O., Police Station Chhawani, Durg Chhattisgarh. … Non-Applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Panel Lawyer. For Objecor : Mr. Anmol Sharma, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 436/2024, registered at Police Station – Chhawani, Durg (C.G.) for the offence punishable under Sections 109, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 29.09.2024, at around 11:50 PM, one Atul Yadav came to the house of the complainant Ashwin Vasnik and his brother Pratik Vasnik, and asked them to come PREETI KUMARI Digitally signed by PREETI KUMARI 2 along with him, as Charnu Rajput who is their paternal uncle, has called them to meet him near Shiv Mandir. when they reached there, due to some dispute between them, Charnu slapped him, and thereafter the present applicant Rakesh hit him with a steel pipe, and the Tusar hit him with a stump on the body. Upon intervention by his brother Pratik Vasnik, he was assaulted, near his stomach and chest, with buttoned knives, by Charnu and Shera. Thereafter, Shera also tried to attack Ashwin Vasnik but he ducked and sustained injury on his left leg. After which they fled from the spot. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the case of the accused/applicant is identical to that of the co-accused, namely, Tushar Nirmalkar who has granted bail by this Court in MCRC No. 1354/2025 on 18.02.2025 on the ground that the applicant has assaulted injured, Ashwin Vasnik by a wooden log who has suffered simple injuries and the case of the applicant is different from the case of the co-accused, namely, Charnu and Shera who assaulted the injured, namely, Pratik Vasnik who has suffered grievous injuries, the case of the applicant is distinguished from the case of the co-accused, namely, Charnu and Shera. Furthermore, the charge- sheet has been filed and the applicant is in jail since 30.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel as well as Objector opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused the 3 documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the case of the accused/applicant is identical to that of the co-accused, namely, Tushar Nirmalkar who has granted bail by this Court in MCRC No. 1354/2025 on 18.02.2025 on the ground that the applicant has assaulted injured, Ashwin Vasnik by a wooden log who has suffered simple injuries and the case of the applicant is different from the case of the co-accused, namely, Charnu and Shera who assaulted the injured, namely, Pratik Vasnik who has suffered grievous injuries, the case of the applicant is distinguished from the case of the co-accused, namely, Charnu and Shera and further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 30.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Rakesh Sahu, involved in Crime No. 436/2024, registered at Police Station – Chhawani, Durg (C.G.) for the offence punishable under Sections 109, 3(5) 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:- (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. 4 (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 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 the 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 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 Preeti