1 2025:CGHC:17487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2927 of 2025 Vinod Kumar Sahu S/o Arun Sahu Aged About 23 Years R/o Village - Gujra, Police Station - Bhakhara, District - Dhamtari, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Bhakhara, District - Dhamtari, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/04/2025 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. 231/2024 registered at Police Station Bhakhara, District - Dhamtari (C.G.) for the offence punishable under Sections 296, 115(2), 331(6), 310(2), 111(2)(ख) of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that on 30.12.2024, at about 09:30 P.M. the present applicant alongwith other co-accused persons entered into wine shop and had assaulted the complainant, namely, Poshan Lal Sahu and also took his mobile phone, thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the applicant alongwith other co-accused persons had assaulted the complainant / injured, but the injuries sustained by the injured are found to be simple in nature, further the name of present applicant has came in light from the memorandum statement of the co-accused persons. He also submits that no any seizure has been made from the possession of present applicant. The applicant is in jail since 30.12.2024, the applicant has one criminal antecedent, in which applicant has already been acquitted, 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. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have entered in the wine shop, assaulted the complainant, namely, Poshan Lal Sahu and also took his mobile 3 phone, further the applicant has one criminal antecedent, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 30.12.2024, the fact that though the applicant alongwith other co-accused persons have entered in the wine shop, assaulted the complainant, namely, Poshan Lal Sahu and also took his mobile phone, but the injuries sustained by the injured are found to be simple in nature, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent, in which he has already been acquitted, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the Applicant-Vinod Kumar Sahu, involved in Crime No. 231/2024 registered at Police Station Bhakhara, District - Dhamtari (C.G.) for the offence punishable under Sections 296, 115(2), 331(6), 310(2), 111(2)(ख) of the BNS, 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 4 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 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil