1 2025:CGHC:1231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 52 of 2025 Paji Alias Rinku Bhatre S/o Shiv Bhatre Aged About 19 Years R/o Behind Sai Nagar Residency, Doctor Rajendra Prasad, Nagar, P.S. Civil Line, Raipur Dist- Raipur, (C.G.). ... Applicant versus State Of Chhattisgarh Through- The Police Station - Civil Line, Dist- Raipur ( C.G.). ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/01/2025 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. 425/2024, registered at Police Station – Civil Line, Dist- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 118(1) of the Bharatiya Nyay Sanhita, 2023 (corresponding Sections 294, 323, 506, 34 and 324 of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 11:07:36 +0530 2 Indian Penal Code, 1860.) 2 The case of the prosecution, in brief, is that on 31.07.2024 at around 18:10 hrs the complainant went to a temple where the applicant along with other accused have abused him by threatening to kill him and with common intention attacked by hands-fist and with knife due to which he received multiple injuries. On the basis of which the applicant was arrested by the Police of Police Station Civil Line, District – Raipur (C.G.) for the alleged offence. 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 submitted that the applicant is said to have assaulted the injured, namely, Vishal Netam with knife and he has received one stab injuries on his bone of his right thigh and he was referred for further treatment and also advised for surgery but he had not undergone any surgery and from the discharge slip, it is apparent that he was admitted in the hospital for a day i.e from 31.07.2024 to 01.08.2024, further the applicant has no previous criminal antecedents . He later submitted that the charge-sheet has been filed and the applicant is in jail since 18.11.2024 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 opposed the bail application. She further submits that when the complainant went 3 to a temple where the applicant along with other accused have abused him by threatening to kill him and with common intention attacked by hands-fist and with knife due to which he received multiple injuries. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the 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 applicant is said to have assaulted the injured, namely, Vishal Netam with knife and he has received one stab injuries on his bone of his right thigh and he was referred for further treatment and also advised for surgery but he had not undergone any surgery and from the discharge slip, it is apparent that he was admitted in the hospital for a day i.e from 31.07.2024 to 01.08.2024, further, the applicant has no previous the charge- sheet has been filed and he is in jail since 18.11.2024 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 -Paji Alias Rinku Bhatre, involved in Crime No. 425/2024, registered at Police Station – Civil Line, Dist- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 118(1) of the Bharatiya Nyay Sanhita, 2023 (corresponding Sections 294, 4 323, 506, 34 and 324 of the Indian Penal Code, 1860, 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. (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 his 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 his, in accordance with law, 5 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 his 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