1 2025:CGHC:29182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2856 of 2025 • Laxminarayan Patel S/o Late Balkumar Patel Aged About 25 Years R/o Village Thangan Tehsil And Police Station Dabhra District Sakti (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer Police Station Dabhra, District Sakti, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Tarendra Kumar Jha, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 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.86/2025 registered at Police Station Dabhra, District-Sakti (C.G.) under Sections 74, 296(2), 115(2) of the BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant has lodged the FIR stating that the applicant abused the complainant & also assaulted her on the occasion of Holi festival. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and there is no direct or indirect involvement of the applicant in the present case and injury received by the injured is simple in nature. He also submits that the applicant has no criminal antecedents and he is in jail since 25.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, 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 and also endorse the said submission that the applicant has no criminal antecedent but looking to conduct of the present applicant, he is not entitled 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 and circumstances of the case that injury received by the injured is simple in nature, applicant has no criminal antecedents and he is in jail since 25.03.2025, 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 – Laxminarayan Patel, involved in Crime No.86/2025 registered at Police Station Dabhra, District-Sakti (C.G.) under Sections 74, 296(2), 115(2) of the BNS, 2023, be released on bail on their furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 3 ((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 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. 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 vaishali