1 2025:CGHC:15303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2534 of 2025 Poulus Yadav S/o Dashmu Yadav Aged About 24 Years R/o Village- Sanwatoli, Kukurbhuka, Police Station- Bagbahar, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The District Magistrate Jashpur, District- Jashpur (C.G.) ... Respondent For Applicant : Shri Shiv Sewak, Advocate. For Respondent/State : Shri Bharat Kumar Gulbani, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/04/2025 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.11/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.02 10:54:45 +0530 2 Bagbahar, District Jashpur (CG) for the offence punishable under Sections 296, 351 (2) & 117 (2) & 117 (3) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that on 26-01-2025, the complainant namely Krishna Kumar Yadav made complaint before the Police Station Bagbahar stating therein that on 26-01-2025 at about 8.30 PM, when he was eating the meals at that time his father told that the present applicant has abused him in filthy languages and also threatened to kill him. On the basis of which, the complainant came on the spot and intervened the applicant, but the applicant cut the nose of complainant, resulting which the nose of complainant has separated from the place. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely been implicated in offence in question. He would submit that the complainant and his father they have assaulted the applicant and they have made false complaint against him. He would further submit that the applicant is in jail since 28/01/2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant i.e. 3 since 28/01/2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant - Poulus Yadav, involved in Crime No.11/2025 registered at Police Station Bagbahar, District Jashpur (CG) for the offence punishable under Sections 296, 351 (2) & 117 (2) & 117 (3) of Bhartiya Nyay Sanhita, 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 sufÏcient 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 4 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 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. 8. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- - (Ramesh Sinha) CHIEF JUSTICE gouri