1 2025:CGHC:17924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2633 of 2025 • Swapnil Sharma S/o Rajkumar Sharma Aged About 29 Years R/o Infront Of Hotel Kitchen Garden Ring Road No. 02, Gaurav Path, Police Station Civil Line, District Bilaspur Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Police Station Sarkanda, Bilaspur, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Abdul Wahab Khan, Advocate For State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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.1253/2024 registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence 2 punishable under Section 296, 115(2), 351(2), 333 and 324(4) of the BNS. 3. Case of the prosecution, in brief, is that the informant / complainant lodged FIR at police station Sarkanda, District Bilaspur with the averment that on the date of incident dated 14.10.2024, while he slept at a house situated at Indira Vihar Colony at that juncture the applicant / accused forcefully entered in the house and Mabused him and threatened to kill him saying that he is involved in fraud CIMS hospital and was got me expelled and when the informant told to stop abusing, the abused caught hold the collar of the informant and snatched the mobile phone threw it on the ground. By such information the concerned the police station Sarkanda registered the FIR no 1253/24 against the applicant / accused u/s 296, 115(2), 351(2), 333, 324(4) of BNS and taken matter for further investigation. That the applicant /accused surrendered before the trial court on date 05.03.2025 and further arrested and sent to judicial custody. The chargesheet / final report has been filed. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case there is a civil dispute regarding money between the applicant and complainant and therefore, the complainant lodged FIR with malafied intention for personal grudge. He also submits that the applicant is already surrendered before the trail court on 05.03.2025. The applicant is in jail since 05.03.2025 and the conclusion of the 3 trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having 03 criminal antecedent and he is a habitual offender. As such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, also considering the fact that applicant has already surrendered before the trial Court on 05.03.2025 and sent to judicial custody and he is in jail since 05.03.2025 and trial are likely to take time, therefore, I am inclined to grant bail to the present applicant. 8. Let applicant, Swapnil Sharma, involved in Crime No.1253 of 2024 registered at Police Station – Sarkanda District – Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333 and 324 (4) of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaishali