1 2025:CGHC:17665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2975 of 2025 Lokesh Yadav @ Lalla S/o Shri Nand Kumar Yadav (Wrongly Mentioned As Shri Nand Yadav In The Impugned Order) Aged About 28 Years, R/o Near Krishna Mandir, Shyam Nagar, Telibandha, Raipur, District- Raipur, C.G. ...Applicant versus State Of Chhattisgarh Through- P.S. Mana Camp, Raipur, District- Raipur, C.G. ... Respondent For applicant : Shri Kashif Shakeel, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/04/2025 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. 69/2025 registered at Police Station Mana Camp, Raipur, District: Raipur- (C.G.) for the offence punishable under Sections 309 (4), 117 (2) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 13:23:49 +0530 2 & 324 (2) of Bhartiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that on 03.03.25 at 10.30 pm, the Complainant Harish Agarwal's car met with an accident with the Scooty of the co-accused Balraj Manikpuri alias Sunny with whom altercation started as complainant started abusive words. Meanwhile, Kuldeep Singh & present applicant who were on separate motorcycle and were ahead of car came back and upon seeing the altercation slapped the complainant one or two times. Co-accused Balraj took out some money from his pocket but later on when he checked his pocket while running away he found only Rs 2000/-. 4. It has been argued by learned counsel for the applicant that admittedly from the prosecution case it is evident that the applicant has not assaulted the injured as he was assaulted by one Balraj with hands and his mandible was found to be fractured and the applicant was sitting in another vehicle. He would submit that the the applicant is in custody since 6/03//2025, charge sheet has been filed and the trial will take long time for its conclusion, hence, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant. She would submit that charge sheet has been filed and there is no criminal antecedent against the applicant. 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, also considering the fact that the applicant has not assaulted the injured as he was assaulted by one Balraj with hands and his mandible was found to be fractured, applicant’s case is 3 distinguishable from the co-accused Balraj, period of detention of the applicant since 6/03/2025, charge-sheet has been filed and there is no criminal antecedent against the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Lokesh Yadav @ Lalla, involved in Crime No. 69/2025 registered at Police Station Mana Camp, Raipur, District: Raipur- (C.G.) for the offence punishable under Sections 309 (4), 117 (2) & 324 (2) of Bhartiya 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. - sSd/- (Ramesh Sinha) CHIEF JUSTICE gouri