1 2025:CGHC:14600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2400 of 2025 Jhumuk Lal Kashyap S/o Mangturam Kashyap Aged About 58 Years R/o Village Udenaar Panchayat Bhatpal P.S. Barsur District - South Bastar Dantewada (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Barsur District - South Bastar Dantewada (C.G.) ... Non-applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 13/2021, registered at Police Station : Barsur, District- South Bastar Dandewada (C.G.) for the offence punishable under Section 307, 458 of IPC. 2. The case of the prosecution, in brief, is that the applicant entered the house of the injured before the sunrise and after the sunset with KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the intension to kill the injured by knife. On such complaint police has registered the case against the present applicant and arrested him. 3. Learned counsel for the applicant submits that the applicant is said to have been assaulted the injured with knife on account of which the injured sustained two lacerated wound and as per the X-ray report of the injured, it goes to show that there was no internal damaged caused by the applicant and in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent and further he is in jail since 26.12.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant is said to have been assaulted the injured with knife on account of which the injured sustained two lacerated wound and as per the X-ray report of the injured, it goes to show that there was no internal damaged. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel 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 applicant and the fact that the applicant is said to have been assaulted the injured with knife on account of which the injured sustained two lacerated wound and as per the X-ray report of the injured, it goes to show 3 that there was no internal damaged caused by the applicant and also considering the fact that the charge-sheet has been filed in the present case and he is in jail since 26.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Jhumuk Lal Kashyap, involved in Crime No. 13/2021, registered at Police Station : Barsur, District- South Bastar Dandewada (C.G.) for the offence punishable under Section 307, 458 of IPC, be released on bail on furnishing 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 4 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. 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 Kunal