1 2025:CGHC:15019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2494 of 2025 • Mubarak Ali S/o Athar Hussain Aged About 21 Years R/o Mahuadih, Police Station- Shankargarh, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus • The State Of Chhattisgarh Through S.H.O., Police Station- Shankargarh, District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rishikant Mahobia, Advocate. For Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 24/2025 registered at Police Station Shankargarh, District Balrampur-Ramanujgaj, (C.G.) for the offence punishable under Sections 109, 3(5) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 15:37:44 +0530 2 2. Case of the prosecution, in brief, is that on 11.02.2025, the complainant namely Mogale Azam Ansari has lodged a report stating that his son Mubarak Ali along with other co-accused namely Arshad has been inflicted knife blow on his neck due to which, he received injuries. On the said complaint FIR has been lodged against the applicant and other co-accused. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that as per statement made by the injured/complainant said knife blow given by co-accused Arshad and nothing incriminating article has been seized from the possession of present applicant however, the knife was seized from the possession of co-accused. He also submits that co-accused Arshad was minor at the time of incident due to which, he was granted bail by Juvenile Justice Board. The applicant is in jail since 24.02.2025. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. 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 3 case, nature and gravity of offence, period of detention of the applicant, looking to the fact that the co-accused namely Arshad has inflicted knife blow on injured neck and he has already granted bail by Juvenile Justice Board and conclusion of the trial may take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Mubarak Ali, involved in Crime No. 24/2025 registered at Police Station Shankargarh, District Balrampur- Ramanujgan, (C.G.) for the offence punishable under Sections 109, 3(5) of BNS, 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 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 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 4 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 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 sufficient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law within a period of six months , if there is no legal impediment. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali