1 2025:CGHC:17879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2130 of 2025 1. Naman Kumar Verma S/o Sushil Kumar Verma Aged About 20 Years R/o Village Sipat, P.S. And Tahsil Bilaspur District Bilaspur Chhattisgarh 2. Deepak Kumar Verma S/o Khileshwar Verma Aged About 19 Years R/o Village Sipat, P.S. And Tahsil Bilaspur District Bilaspur Chhattisgarh … Applicant versus State Of Chhattisgarh Through P.S. Sipat, District- Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Dheerendra Pandey and Mr. Ravi Kumar Banjare, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21/04/2025 1 Proceedings of this matter have been taken through video- conferencing. 2 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. 44/2025, registered at Police Station – Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 191(2), PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 11:03:17 +0530 2 191(3), 190, 296, 115(2), 351(2), 324(6), 331(6) of Bharatiya Nyaya Sanhita, 2023 and under Section 139 of Electricity Act. 3 The case of the prosecution, in brief, is that on 13.01.2025 at about 10:00 pm, the applicants and other co-accused persons assaulted to the complainant with the danda, brick and stone and also broken to the electric meter and scooty to the complainant and also broken the water pump due to previous enmity, thereafter the complainant lodged the report the concerned Police Station against the applicants. 4 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 present applicants have not used any weapon and the police has not seized any article from the applicants, further the injuries sustained by the complainant/injured is simple in nature. So far as the criminal antecedents of the applicants are concerned, it has already been explained in paragraph No. 4(A) of this bail application, further the charge-sheet has been filed and the applicants are in jail since 23.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that the applicants and other co-accused persons assaulted to the complainant with the danda, brick and stone and also broken to the electric meter and scooty to the complainant and also broken the water pump due to previous enmity. Therefore, the applicants are not entitled for bail. 6 I have heard learned counsel for the parties and perused the 3 documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the complainant/victim is simple in nature and so far as the criminal antecedents of the applicants are concerned, it has already been explained in paragraph No. 4(A) of this bail application, the charge-sheet has been filed and they are in jail since 23.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8 Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Naman Kumar Verma and Deepak Kumar Verma respectively, involved in Crime No. 44/2025, registered at Police Station – Sipat, District- Bilaspur (C.G.) for the offence punishable under Sections 191(2), 191(3), 190, 296, 115(2), 351(2), 324(6), 331(6) of Bharatiya Nyaya Sanhita, 2023 and under Section 139 of Electricity Act, be released on bail on his furnishing a personal bond with two sureties each in the 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 4 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 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 sufficient 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. 9 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