1 2025:CGHC:18360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3098 of 2025 Om Soni S/o Rajesh Soni Aged About 22 Years R/o Gaya Vihar Seepat Chowk, P.S. Sarkanda, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S.- City Kotwali, Bilaspur, District Bilaspur, Chhattisgarh. ...Non-Applicant For Applicant : Mr. V.R. Tiwari, Senior Advocate assisted by Mr. R.L. Rajak, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 97/2025, registered at Police Station – City Kotwali, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections – 296, 115(2), 351(2), 331(5) and 324(4) of Bharatiya Nyaya Sanhita, 2023 (as per FIR) PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.24 18:24:46 +0530 2 (wrongly mentioned B.N.S.S. in the impugned order). 3. The case of the prosecution, is that, the complainant Sachin Soni lodged a report at the concerned police Station on 17.02.2025 at 23:35 hours against the applicant/accused, stating that on the ate of the incident, 17.02.2025, at about 8:00 PM, while he was at home with his family, the applicant/accused, due to previous enmity, hurdled obscene stone, prepared to assault him, entered the house, pushed and showed him causing him to fall, and broke the window pane glass with a piece of brick. He stated that the pushing and shoving caused pain in his leg. Based on the aforementioned report, the concerned police station arrested the applicant/accused on 18.02.2025. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant/accused, the complainant and the prosecution witnesses are members of the same family, and long standing mutual bitterness exists between the families, due to which the complainant and his family are falsely implicating the applicant/accused in this case. He further submitted that the applicant has following pending/decided criminal case(s) against him- Crime number -176/2025 in Civil Line Police Station, Crime Numbers 371/2024, 153/2023 and 58/2024 in Tarbahar Police Station, Crime Numbers 374/2021 and 95/2025, 08/2021 and 80/2025 in City Kotawali Police Station, all pending and two acquittals in Criminal Case no. 1163/2022 and Criminal Case No. 4085/2023 from the Court of 8th Civil Judge Junior Division / J.M.F.C. Bilaspur. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 18.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 3 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant, complainant, and prosecution witnesses are family members with long-standing mutual animosity, due to which the complainant and his family are falsely implicated the applicant/accused in this case, so far as the criminal antecedents of the applicant, it has already been explained in paragraph No. 4(a) of this bail application, further the charge-sheet has been filed against the applicant, the applicant is in jail since 18.02.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. Let the applicant - Om Soni, involved in Crime No - 97/2025, registered at Police Station – City Kotwali, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections – 296, 115(2), 351(2), 331(5) and 324(4) of Bharatiya Nyaya Sanhita, 2023, 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. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti