1 2025:CGHC:17667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2968 of 2025 Ram Prasad Mahilange S/o Late Shri Krishna Mahilang Aged About 34 Years R/o Village Hanoda Ward No. 06. Police Station Padmanabhpur District - Durg (C.G.) - 491001 ... Applicant versus State Of Chhattisgarh Through The Police Station Padmanabhpur, District – Durg (C.G.) - 491001 ---- Non-applicant For Applicant : Mr. Curtis Collins, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.04.2025 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. 187/2023, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Section 294, 323, 325, 506, 307 and 34 of the Indian Penal Code (for short, IPC). 3. The case of the prosecution, is that the FIR has been filed by the victim's RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 mother on dated 26.06.2023 for the incident occurred on dated 22.06.2023 stating that her son Ashok Kumar Jangde around 9:30PM went to leave his friend Khileshwar Chelak to his house and did not return on the next day i.e. 23.06.2023 at morning 5:30AM acquaintance of the village Pannu Kurre came to the house and informed that her son Ashok Kumar Jangde is lying near High School Galaxy Apartment in the mean while the complainant went to Khileshwar Chelak asked about the where about for her son on giving unsatisfactory answer the complainant went along with her daughter to Galaxy Heights Borasi she saw her son he was sitting in 112 vehicle and he was admitted in sector 09 Hospital on dated 23.06.2023 and soon after getting conscious narrated the incident that around 11:30AM in Galaxy Heights near High School Ram Prasad Mahilang, Manoj Mahilang, Khileshwar Chelak and Aman Chelak abuse him and beaten him with something which has caused hurt in neck, head and shoulder. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant and both the cases have been disposed of. It is further submitted that the charge- sheet has been filed in this case and the co-accused has been granted bail by this Court vide order dated 24.03.2025 passed in MCRC No. 2309/2025. The applicant is in jail since 16.01.2025 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 opposes the bail application and submits that there are 2 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this 3 case. It is further submitted that the FIR has been filed by the victim's mother on dated 26.06.2023 for the incident occurred on dated 22.06.2023 stating that her son Ashok Kumar Jangde around 9:30PM went to leave his friend Khileshwar Chelak to his house and did not return on the next day i.e. 23.06.2023 at morning 5:30AM acquaintance of the village Pannu Kurre came to the house and informed that her son Ashok Kumar Jangde is lying near High School Galaxy Apartment in the mean while the complainant went to Khileshwar Chelak asked about the where about for her son on giving unsatisfactory answer the complainant went along with her daughter to Galaxy Heights Borasi she saw her son he was sitting in 112 vehicle and he was admitted in sector 09 Hospital on dated 23.06.2023 and soon after getting conscious narrated the incident that around 11:30AM in Galaxy Heights near High School Ram Prasad Mahilang, Manoj Mahilang, Khileshwar Chelak and Aman Chelak abuse him and beaten him with something which has caused hurt in neck, head and shoulder, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the 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 there are 2 criminal antecedents registered against the present applicant and both the cases have been disposed of, charge-sheet has been filed in this case and the co-accused has been granted bail by this Court vide order dated 24.03.2025 passed in MCRC No. 2309/2025, the applicant is in jail since 16.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Ram Prasad Mahilange, involved in Crime No. 4 187/2023, registered at Police Station – Padmanabhpur, District – Durg (C.G.) for the offence punishable under Section 294, 323, 325, 506, 307 and 34 of the 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, 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. 9. 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