1 2025:CGHC:2066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 274 of 2025 Akash Kewat S/o Shri Gopi Kewat Aged About 24 Years R/o- Ward No. 04 Near Ground, Ekta Nagar, Khogapani P.S.- Jhagrakhand, Tehsil Manendragarh, Distt. M.C.B. (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through S.H.O. P.S.- Jhagrakhand, District - M.C.B. (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Ram Sajiwan, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13/01/2025 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. 111/2024, registered at Police Station – Jhagrakhand, District- M.C.B. (C.G.) for the offence punishable under Sections 109, 115(2), 296, 3(5) of Bharatiya Nyaya Sanhita, 2023(‘B.N.S.’). 2 The case of the prosecution, in brief, is that on 14.10.2024, the complainant was walking in his colony's compound around 2 AM when PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.14 11:28:39 +0530 2 he saw four individuals Aakash Kewat, Amit, Vaibhav Paswan, and Golu Paswan quarreling and visibly intoxicated. Aakash Kewat allegedly began hurling abuses at the complainant, and then, along with the other applicants, physically assaulted the complainant, hitting him on the head with an empty liquor bottle and smashing it on the floor, causing facial injuries. The complainant subsequently filed an FIR under Sections 296,115(2),109 and 3(5) of the BNS, 2023. The applicants were arrested on 16.10.2024, and a charge-sheet was filed on 27.11. 2024 and the crime was registered against the present applicant and he got arrested for aforesaid offences. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is said to have assaulted the injured who was consuming liquor, with the bottle of beer which hit him on head but from the CT Scan report reveals that no internal damage was sustained. He further submits that the co-accused, namely, Golu Paswan and Vaibhav Paswan has already been granted bail by this Court vide order dated 11.12.2024 passed in MCRC No. 8689/2024. He later submitted that the charge-sheet has been filed and the applicant is in jail since 16.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been submitted before the competent Court. He further submits that the present applicant along with other co-accused persons assaulted the injured with beer bottle, resulting in grievous nature. Therefore, he is not entitled to be released on bail. 3 5 I have heard learned counsel for the parties and perused the documents available on record. 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 assaulted the injured person, who was consuming liquor, with the bottle of beer which hit him on head but from the CT Scan report reveals that no internal damage was sustained, further, the co-accused, namely, Golu Paswan and Vaibhav Paswan has already been granted bail by this Court vide order dated 11.12.2024 passed in MCRC No.8689/2024, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 16.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. 7 Accordingly, the bail application is allowed. Let the applicant - Akash Kewat, involved in Crime No. 111/2024, registered at Police Station – Jhagrakhand, District- M.C.B. (C.G.) for the offence punishable under Sections 109, 115(2), 296, 3(5) of Bharatiya Nyaya Sanhita, 2023(‘B.N.S.’), 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 4 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 his 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 his, 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 his 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 Preeti