1 2025:CGHC:13864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2191 of 2025 1 - Moh. Aaved Urff Lakki S/o Moh. Anish Aged About 20 Years R/o B.S.U.P. Colony, Mathpuraina, P.S. Tikarapara Raipur Tehsil And District Raipur Chhattisgarh 2 - Moh. Altaf Urf Kallu S/o Moh. Anish Aged About 22 Years R/o B.S.U.P. Colony, Mathpuraina, P.S. Tikarapara Raipur Tehsil And District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Tikarapara, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 18/2025 registered at Police Station – Tikarapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on 07.01.2025 the complainant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 namely, Tarannum was at the shop along with her mother Mehjabin Khan, when the applicants along with the co-accused person namely Aman came to their shop and started abusing them, when the complainant stopped them, they threatened them for their life and when and when the mother of the complainant came to intervene applicants started to assault the complainant and her mother with hand, first and iron knuckle. That due to said assault the mother of complainant sustained injuries. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. It is also submitted that though the mother of the complainant is said to have sustained grievous injuries in her eyes, but it was the co-accused namely Aman who is said to have assaulted her with iron knuckle. The applicants are in jail since 22.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicants along with the co-accused person namely Aman, are said to have assaulted the complainant and her mother, and as per the medical reports, the mother of the complainant has received injuries in her eyes which are grievous in nature. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicants and the fact that there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicants, further though the mother of the complainant is said to have sustained grievous injuries in her eyes, but it was the co-accused namely Aman who is said to have assaulted her with iron knuckle, the applicants are in jail since 22.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Moh. Aaved Urff Lakki and Moh. Altaf Urf Kallu, involved in Crime No. 18/2025 registered at Police Station – Tikarapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2) and 3(5) of the 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:- (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar