1 2025:CGHC:12846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2108 of 2025 Deepak Tiwari S/o Rammilan Tiwari Aged About 30 Years R/o Ramnagar, Motipur, Near Primary School Rajnandgaon Tehsil And District Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, District Rajnandgaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aditya Bharadwaj, 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. 780/2024 registered at Police Station Kotwali, District Rajnandgaon (C.G.), for the offences punishable under Sections 296, 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, on 27.12.2024, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.19 10:52:40 +0530 2 complainant, Ritika Bansod, filed a report stating that after her grandmother, Umariya Bai, passed away, her brother, Krishna Bansod, came to attend the funeral rituals. On the night of 26.12.2024, he visited Deepak Tiwari's paan stall at Naya Bus Stand, Rajnandgaon, to request gutkha on credit, which led to a dispute between them. On 27.12.2024, at around 3:00 PM, Krishna Bansod saw Deepak Tiwari consuming alcohol in his paan stall and objected to it, leading to another altercation. Enraged, Deepak Tiwari called his brother, Ashish Tiwari, who arrived on a scooter, obtained a bamboo stick from a nearby fruit vendor, and began beating Krishna Bansod. He then dragged him towards a tree and restrained him. Meanwhile, Deepak Tiwari, who was already in possession of a knife, stabbed Krishna Bansod in the stomach, causing injuries. Following the incident, Krishna Bansod was taken to the hospital for treatment. Based on the complainant's report, a case was registered. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant is a paan vendor, and the injured person used to visit his shop, demanding items without paying for them. This led to a dispute between them, resulting in the applicant assaulting the injured person with a knife. Consequently, the injured person sustained abdominal injuries. Additionally, he submits that according to the injured person's MLC report, he was under the influence of alcohol at the time of the incident. He further submits that the applicant has 06 criminal 3 antecedents under the IPC, out of which only 02 cases are pending and the remaining case are disposed of. He also submits that the applicant is in jail since 28.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant assaulted the injured with kinfe, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that a dispute arose between the applicant, a paan vendor, and the injured person, who would frequently visit the shop and demand items without payment, due to which a dispute led to the applicant assaulting the injured person with a knife, resulting in abdominal injuries, further the fact that as per his MLC report, the injured person was intoxicated at the time of the incident, moreover, the applicant has 06 criminal antecedents under the IPC, out of which only 02 cases are pending and the remaining case are disposed of, further, the charge-sheet has been submitted before the competent Court and the applicant is in jail since 28.12.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released 4 on regular bail in this case. 7. 7. Let the Applicant – Deepak Tiwari, involved in Crime No. 780/2024 registered at Police Station Kotwali, District Rajnandgaon (C.G.), for the offences punishable under Sections 296, 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek