1 2025:CGHC:12921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2113 of 2025 Shiv Kumar Kashyap S/o Tintiyo Kashyap Aged About 24 Years R/o Panara Para, Pravir Ward No. 1, Police Station Kotwali, Jagdalpur, District Bastar Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, Jagdalpur, District Bastar Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 447/2024 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 296, 309(6), 3(5), 332(B) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant Murlidhar AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Jha has lodged a report before at concerned Police Station on 24.09.2024, alleging therein that when he was sitting in his shop at around 12.00 pm, David Hikmi, Amar Singh Usendi and his friend Shiv came to his grocery shop and were asking for cigarette (bidi) on credit. On saying that he will not give cigarette (bidi) on credit, they abused him in vulgarly and filthy words and took him out of the shop and all three of them together beat him with hands and fists and started taking out money which kept on his shop’s counter. When he refused to do so, they threatened and beat him and took out Rs. 4000 kept in the counter. Due to which, he has sustained injuries on his head, jaw and knee. Thereafter, aforesaid offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that bail application of co-accused persons, namely, David Hakmi and Amar Singh Usendi have already been granted regular bail by learned trial Court, whereas the bail application of applicant is rejected on the ground that Section 332(B) of BNS has subsequently been added. The applicant is in jail since 25.11.2024, the applicant has 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. She further submits that applicant alongwith other co- accused persons have assaulted the injured and also took Rs.4,000/- from his shop’s counter, due to which, injured sustained injuries on his person, therefore, the applicant is 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 applicant since 25.11.2024, the fact that though it is alleged that the applicant alongwith other co-accused persons have assaulted the injured and also took Rs.4,000/- from his shop’s counter, due to which, injured sustained injuries on his person, but the injuries are found to be simple in nature and two of the co-accused persons, namely, David Hakmi and Amar Singh Usendi have already been granted regular bail by the trial Court, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Shiv Kumar Kashyap, involved in Crime No. 447/2024 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 296, 309(6), 3(5), 332(B) of BNS, 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:- 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 his absence, without sufÏcient 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil