1 2025:CGHC:17453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2222 of 2025 • Motipal Yadav S/o Jawahar Lal Aged About 36 Years R/o Shivnagar Korkoma, Chowki Rajgamar, Thana- Balco Nagar, Tahsil And District Korba (C.G.) ... Applicant versus • State of Chhattisgarh Through- Police Station Civil Line Rampur, Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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.78 of 2025 registered at Police Station : Civil Line Rampur, Korba, District – Korba (C.G.) for the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.21 13:33:00 +0530 2 offence punishable under Sections 296, 351(2), 3(5),140(3), 109 of BNS 2023 of the Indian Penal Code. 3. The prosecution case, in brief, is that on 11.02.2025 the complainant has lodged written report before police station Civil Line Rampur, Korba (C.G) against the applicant and other co- accused person stating that they have kidnapped Prince Kumar Pandey who is DM of 108 Ambulance from District Hospital Korba to Kiran Chouhan house thereafter they assaulted him on nose, ear and head with hand, fist and stick due to which he received grievous injury thereafter police investigated the matter and arrested the applicant for aforesaid offence. 4. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He would further submit that due to previous enmity, complainant lodged a report against the present applicant. He also submits that injury received by the injured are simple in nature. The applicant is in jail since 17.02.2025, 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 applicants. 5. Learned State counsel also opposes the bail application and submitted that there is no previous antecedent against the applicant and he is in jail since 17.02.2025. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and 3 gravity of offence and also considering the fact that the there is no previous antecedent against the present applicant and looking to the nature of injuries received by injured, the applicant is in jail since 17.02.2025 and trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Motilal Yadav involved in Crime No. 78 of 2025 registered at Police Station Civil Line, Rampur, Korba, District – Korba (C.G.) for the offence punishable under Sections 296, 351(2), 3(5), 140(3), 109 of BNS, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 4 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 sufficient 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali