1 2025:CGHC:15017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2499 of 2025 • Ganesh Kaushik S/o Shri Jhangalu Kaushik Aged About 55 Years R/o Village - Jhirauni, Police Chowki- Bazar Charbhatha, P.S. Kawardha, District- Kabirdham (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Kawardha (Police Chowki - Bazar Charbhatha), District - Kabirdham, Chhattisgarh. ... Non-applicant (Cause title is taken from Case Information System) For Applicant : Mr. Palash Agrawal, Advocate For Non-applicant : Mr. Bharat Gulbani, 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. 540/2024 registered at Police Station Kawardha (Police Chowki Bazar Charbhatha), District VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 15:41:22 +0530 2 Kabirdham, (C.G.) for the offence punishable under Sections 296 and 109(1) of BNS, 2023 (erstwhile Section 294 and 307 of the Indian Penal Code, 1860) 2. Case of the prosecution, in brief, is that on 21.08.2024, complainant made a oral complaint before Police, stating that on 20.08.2024 at 7:00 P.M. Raju Kaushik received a call from his friend Chhannu Kaushik, who informed that Raju’s father namely Ganesh Kaushik was fighting with him and his family members and requested Raju to come his home and intervene. Thereafter, Raju Kaushik and Chhannu Kaushik went their and managed to calm down the present applicant and tried to stop the altercation but present applicant started abusing the Raju Kaushik with the obscene language then he attacked with a knife in his hand with an intention to kill him and struck him with full force on his left shoulder, causing a serious injury. Subsequently, Raju Kaushik was taken to the District Hospital in Kawardha for treatment. On the basis of said complaint FIR has been lodged against the present applicant. 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 injury was found to be grievous in nature but it was on non-vital part of the body. He also submits that incident occurred in the heat of the moment and there was no premeditated intention to cause grievous harm to the victim. He also submits that the evidence presented by the prosecution 3 does not establish a prima facie case against the accused and the applicant is in jail since 04.10.2024. 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 case, nature and gravity of offence, period of detention of the applicant, looking to the nature of injuries 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- Ganesh Kaushik, involved in Crime No. 540/2024 registered at Police Station Kawardha (Police Chowki Bazar Charbhaata), District Kabirdham (C.G.) for the offence punishable under Sections 296 and 109(1) of BNS (erstwhile Section 294 and 307 of the Indian Penal Code, 1860), 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 4 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 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 5 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