1 2025:CGHC:22053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2768 of 2025 1 - Shekh Taslim S/o Sikandar Aged About 21 Years R/o Ward No. 06, Islam Mohalla, Saraypali, Police Station - Saraypali, District - Mahasamund Chhattisgarh 2 - Deepak Dadsena S/o Uttam Dadsena Aged About 21 Years R/o Ward No. 06, Islam Mohalla, Saraypali, Police Station - Saraypali, District - Mahasamund Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through The Officer In Charge Of Police Station - Saraypali, District - Mahasamund Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Roop Ram Naik, Advocate For Respondent(s) : Ms. Shailja Shukla, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No.282/2024, registered at Police Station Saraypali, District - Mahasamund (C.G.) for the offence punishable under Sections 296, 351(2), 118(1) read with Section 3(5)(four times) and Section 109(3)(5)(two times) of the BNS. 2. Case of the prosecution, in brief, is that on 26.10.2024, the complainant Tularam Ratre has lodged report against the present applicants and another accused namely Karan Bhoi that he went to bring the liquor at Deshi Sharab Dukan Saraypali on 25.10.2024 and was returning and stayed at Kartik Chakhna Dukan at about 10:00 pm at that time, the accused person came in the motorcycle and used filthy language and threatened to kill them and the accused Deepak Dadsena caused hurt with knife in the chest and left stomach of the victim and other accused persons committed Marpit with hand and fist. The police investigated the case and filed the charge-sheet against the accused persons for above-mentioned offences. 3. Learned counsel for the applicant would submit that the present applicants are innocent and they have been falsely implicated in the present crime. Further, the complainant was in a drunken condition at the time of incident and he has abused using filthy language. So far as criminal antecedents of the applicants are concerned, the applicant No.1 namely Shekh Taslim has no previous criminal antecedents registered against him and applicant No.2, namely, Deepak Dadsena has only one previous criminal antecedent of the year 2022 under the IPC. Lastly, the applicant No.1 is languishing in 3 jail since 26.10.2024 and applicant No.2 is languishing in jail since 28.10.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and submits that applicant No.2 namely Deepak Dadsena has one previous criminal antecedent registered under Section 452, 354, 294, 323, 506 and 34 of the IPC. Further, the applicants caused injuries to the complainant with knife in the chest and left stomach and other co-accused persons committed Marpit with hand and fist, as such, the bail application of the applicants is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the perusal of the MLC goes to show that the injuries sustained by the complainant are simple in nature and further, the applicant No.1 namely Shekh Taslim has no previous criminal antecedents registered against him and applicant No.2, namely, Deepak Dadsena has only one previous criminal antecedent of the year 2022 under the IPC and the applicant No.1 is languishing in jail since 26.10.2024 and applicant No.2 is languishing in jail since 28.10.2024, and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, as such, the Court 4 is of the opinion that the applicants are entitled to be enlarged on bail. Hence, the bail application of the applicants is allowed. 7. Let applicants, Shekh Taslim and Deepak Dadsena, involved in Crime No.282/2024, registered at Police Station Saraypali, District - Mahasamund (C.G.) for the offence punishable under Sections 296, 351(2), 118(1) read with Section 3(5)(four times) and Section 109(3)(5)(two times) of the BNS, be released on bail on his furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 them in accordance with law. 8. Office 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 Akhil