1 2025:CGHC:14605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2374 of 2025 Subhash Fanse, Aged About 33 Years, S/o Late Shri Tej Rao Fanse R/o- Kududand, Chandni Chowk, P.S.- Civil Lines, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer In Charge, P.S. Civil Lines, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Achyut Tiwari, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26/03/2025 1. 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.319/2020 registered at Police Station – Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 307, 34 of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.27 12:06:36 +0530 2 IPC. 2. Case of the prosecution, in brief, is that complainant Mukesh Singh lodged FIR against main accused Animesh Shukla alleging that on 14/05/2020 complainant was going in his car to shubham Vihar to pick up a J.C.B. operator at around 10:00 A.M. when near Balaji Nursing Home, Animesh Shukla and other came and stopped the car and Animesh Shukla attacked him with sharp object, because of which he sustained injuries. Police filed charge-sheet against main accused Animesh Shukla, and he was acquitted by the learned trial court. Neither the applicant was called for any interrogation, nor any notice or warrant was issued against him. Applicant is working in the post of assistant pharmacy in-charge since 22/03/2021 till date, it shows that he was never absconded. Since because of this reason that the bail application of the present applicant has been dismissed on 13/03/2025 by court below, hence this bail application. 3. Learned counsel for the applicant submitted that the co-accused against whom the allegation was for assaulting the injured was put to trial and he has been acquitted and the name of the applicant has come into light after three months of the incident in the subsequent statement of the injured and the applicant was neither named in the FIR nor in the statement of the injured under Section 161 Cr.P.C. It is stated that the applicant has been arrested on 19/02/2025 and it is stated that during the course of investigation, the applicant was not arrested by the police, therefore, he prays for grant of bail. 3 4. On the other hand, learned State counsel opposes the bail application and would submit that the charge sheet was submitted against the applicant as an absconder and the case pertains to the year 2020 and his trial was separated, he is not entitled for grant of bail. 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, also considering the fact that the name of the applicant has come into light after three months in the subsequent statement of the injured and the co- accused has already been acquitted by the trial court, therefore I am inclined to allow this application. 7. Let applicant, Subhash Fanse, involved in Crime No. 319/2020 registered at Police Station – Civil Lines, District Bilaspur for the offence punishable under Section 307, 34 of IPC, 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, 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. It is made clear that the observation made by this Court shall not prejudice the trial. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri