1 2025:CGHC:18370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3069 of 2025 Khileshwar @ Pintu Sahu S/o Gamaram Sahu Aged About 21 Years R/o Ward No. 1, Rengakathera, P.S. Gunderdehi, District Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Gunderdehi, District Balod (C.G.) ... Respondent(s) For Applicant(s) : Ms. Aditi Sighvi, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/04/2025 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. 40/2025 registered at Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Gunderdehi, District Balod (C.G.) for the offence punishable under Sections 115(2), 118(2), 296 and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that a complaint has been lodged at the concerned Police Station alleging that on 24.02.2025 at about 9:05 P.M. the applicant along with co-accused person had assaulted the complainant, namely, Kuldeep Sarwa with blade, due to which, the injured sustained injuries, the incident took place when the accused person were running behind one Fattelal Sen in order to assault him with stick. 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. She further submits that no seizure of any weapon has been made from the applicant, so far as injuries sustained by the injured is concerned, injured sustained injuries which are simple in nature. The applicant is in jail since 25.02.2025, he has one criminal antecedent, which is of the year 2022 under the IPC and is pending, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she 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. She further submits that the applicant alongwith other co-accused persons had assaulted the injured with blade, due to 3 which, injured sustained some injuries on his person, further applicant has one criminal antecedent of the year 2022 under the IPC, 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 25.02.2025, the fact that though the applicant alongwith other co-accused persons are alleged to have assaulted the injured with blade, due to which, injured sustained injuries on his person, 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 only one criminal antecedent pending against him, which is of the year 2022 under the IPC, 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-Khileshwar @ Pintu Sahu, involved in Crime No. 40/2025 registered at Police Station Gunderdehi, District Balod (C.G.) for the offence punishable under Sections 115(2), 118(2), 296 and 351(2) read with Section 3(5) 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 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 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 Kunal