1 2025:CGHC:17877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2438 of 2025 1. Arjunlal Soni S/o Sadhram Soni Aged About 75 Years R/o Kosmanda, Police Station And Tahsil Champa, District Janjgir- Champa, Chhattisgarh. ... Applicant(s) versus 1. State Of Chhattisgarh Through Police Station Champa, District Jangir-Champa, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Achyut Tiwari, Advocate For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 21.04.2025 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 Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 85/2025, registered at Police Station Champa, District - Janjgir-Champa (C.G.), for the offence punishable MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 13:38:35 +0530 2 under Sections 115(2), 296, 309(4), 351(3), 109, and 3(5) of BNS, 2023. 3. Prosecution case in brief is that the complainant Manendra Vishwakarma has lodged the report on 10.03.2025 before the Police Station Champa, District - Janjgir-Champa (C.G.) alleging that he took away car of Manju Soni for wash and kept the car with him and when he went to handover the car nearby Chaupati, applicant and others abused him and assaulted him by saying that he kept the case unnecessarily for long time. One of the co-accused Pappu Soni assaulted the complainant with baseball bat and another co-accused persons have assaulted him with hand and fist, because of which victim sustained injuries over his head, right knee and right waist. On the basis of the which, a crime was registered against the applicant. 4. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. He also submits that the applicant is father of the co-accused who is already in jail and there is no allegation against the present applicant for causing injuries to the injures and he is aged about 75 years. It is further submitted that the applicant has no any criminal antecedents. He also submits that on the basis of the 3 memorandum statement of the co-accused, the applicant has made accused in the present case. It has been further submitted that on of the co-accused has already been granted bail by the trial Court. He further submits that the charge-sheet has been submitted and the applicant is in jail since 12.03.2025. Therefore, he prays that the applicant be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant. He also submitted that the injured has sustained grievous injuries and charge-sheet has been filed, therefore, he is not entitled to be released on bail. 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 gravity of allegation made against the applicant and the fact that the applicant is aged about 75 yeas and the one of the co-accused has already been acquitted by the trial Court and his name has come into the light in the memorandum statement of the co-accused, further the charge-sheet has been filed in the present case before the competent Court and he is in jail since 12.03.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this 4 case. 8. 8. Let applicant, Arjunlal Soni, involved in Crime No. 85/2025, registered at Police Station Champa, District - Janjgir-Champa (C.G.), for the offence punishable under Sections 115(2), 296, 309(4), 351(3), 109, and 3(5) of BNS, 2023, be released on bail on her 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 lawh. (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 BNS. (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 5 proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. (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. 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 Manish