1 2025:CGHC:14903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2477 of 2025 Suraj Yadav S/o Devlal Yadav Aged About 23 Years R/o Chingri Tahsil And District - Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Anda Durg (C.G.) ... Non-applicant For Applicant : Ms. Anuja Sharma, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/03/2025 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. 03/2025, registered at Police Station – Anda, District - Durg (C.G.) for the offence punishable under Section 109, 296, 115(2), 191(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant on 23.01.2025, preferred a complaint alleging that the unknown persons, PREETI KUMARI Digitally signed by PREETI KUMARI 2 assaulted his son Kuldeep Kumar Sahu, using knife at Achoti Raod Near Rice Mill Chingri on the basis of which FIR bearing No. FIR No03/2025 was registered under section 109, 296, 115(2) and 3(5) of BNS 2023against the unknown persons. After completion of the investigation, the Police has filed charge-sheet and added Section 191(3) of BNS in addition to the aforesaid sections. It is submitted that though seizure of blade was shown from the applicant, the statement of eye witness (Sandeep Deshmukh) recorded by police in under section 180 of BNSS clearly indicates the injured was assaulted by other co-accused persons and only allegation against the present applicant is that he had heated altercation with the victim. In the present case the main allegation was against one Juvenile co-accused who assaulted using knife. It is submitted that in the present case there are 4 juveniles accused persons alongwith the present applicant and they have already been enlarged on bail by the Ld. Court below. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that in the present case there are five accused persons including the present applicant, out of which four were juvenile and one of the co-accused from whom knife was seized and they are enlarged on bail, so far as the applicant is concerned, thermacol cutter was seized from his possession and one single injury was caused by sharped weapon i.e. one stab wound of size (4x2x3cm) on right side of thorax and it was co-accused Jay who has caused injuries by knife to injured and he is juvenile who has been granted bail, further the charge-sheet has been filed and the applicant is in jail since 24.01.2025 and trial is likely to take quite long time for its conclusion, 3 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 filed in the present case. 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 in the present case there are five accused persons including the present applicant, out of which four were juvenile and one of the co-accused from whom knife was seized and they are enlarged on bail, so far as the applicant is concerned, thermacol cutter was seized from his possession and one single injury was caused by sharped weapon i.e. one stab wound of size (4x2x3cm) on right side of thorax and it was co-accused Jay who has caused injuries by knife to injured and he is juvenile who has been granted bail, further the charge-sheet has been filed and he is in jail since 24.01.2025 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 - Suraj Yadav, involved in Crime No. 03/2025, registered at Police Station – Anda, District - Durg (C.G.) for the offence punishable under Section 109, 296, 115(2), 191(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 sufficient 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 sufficient 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. 5 8 Office 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