1 2025:CGHC:29978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2966 of 2025 1 - Vijay Sahu S/o Shri Ashwani Sahu Aged About 22 Years R/o Vill.- Siladehi, P.S. And Tah. Birra, Distt.- Janjgir-Champa (C.G.) 2 - Deepak Kumar Sahu S/o Shri Seetaram Sahu Aged About 21 Years R/o Vill.- Siladehi, P.S. And Tah. Birra, Distt.- Janjgir-Champa (C.G.) ... Applicants versus State of Chhattisgarh Through- S.H.O. P.S. Birra, District- Janjgir- Champa (C.G.) ... Non-Applicant For Applicants : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 24/2025, registered at Police Station : Birra, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 118(2) of Bhartiya Nyay Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the complainant, Devkumari Sahu, mother of the victim, lodged a complaint on 17.03.2025 stating that her elder son, Vinod Sahu, runs a dhaba near Siladehi Bridge and usually stays there at night. She further stated that in the early hours of 17.03.2025, at around 2:00 A.M., the police from Police Station Birra arrived at their residence and informed them that her son, Vinod Sahu, had been assaulted and was lying injured at the location. The complainant, along with other family members, rushed to the spot. Upon inquiry, the victim informed them that Chandrashekhar Tiwari, along with two unknown persons, had assaulted him with wooden sticks, causing injuries to both his legs and hands. Based on the complaint, Police Station Birra registered Crime No. 24/2025 on 17.03.2025 for the alleged offences punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 294, 323, 506, 326, and 34 of the Indian Penal Code), and arrested the present applicants along with a co-accused on 18.03.2025. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case; they have not committed any offence as alleged by the police. It is submitted that the victim is involved in the business of illicit liquor and has previous criminal antecedents. Due to ongoing criminal rivalry, it is likely that unknown persons have assaulted him. The FIR was initially lodged against co-accused Lala Tiwari @ Chandrashekhar and two unidentified persons, and the present 3 applicants have been arrested merely on the basis of suspicion. The applicants were not present at the scene of the incident and have not inflicted any injury upon the victim. There is no direct or credible evidence linking the applicants to the alleged offences. He further submits that the present applicants have no previous criminal antecedents and they are in jail since 18.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the victim had sustained serious injuries and was found lying in an injured condition at the location. Upon receiving information, the complainant and other family members reached the spot, and upon inquiry, the victim stated that the applicants along with other co-accused person had assaulted him with wooden sticks, causing multiple fractures in both his legs and hands. Given the grievous nature of the injuries inflicted upon the victim, therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and though the allegation is that the applicants along with other co- 4 accused had assaulted the injured with wooden sticks, causing multiple fractures in both his legs and hands but, the charge sheet has been submitted before the competent Court and they have no any previous criminal antecedent and the applicants are in jail since 18.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application. 7. 7. Let applicants, Vijay Sahu and Deepak Kumar Sahu, involved in Crime No. 24/2025, registered at Police Station : Birra, District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 118(2) of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 5 proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan