1 2025:CGHC:18352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3114 of 2025 Ganeshwar Dhruv @ Gannu S/o Vishnu Dhruv Aged About 19 Years R/o Purani Basti Bazar Chowk, Godpara, Gogaon, Gudhiyari, Distt. Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Gudhiyari, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, 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. 38/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 119(2), 296, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of the Arms Act. 3. The case of the prosecution, is that on 05.02.2025, in front of Chandu Chicken Shop, Gogaon Bazaar Chowk, Gudhiyari Raipur, applicant was demanding money from the complainant and one Vinod Bhatt to consume liquor and known knife to them and started to abuse with filthy language, when the complainant refused to give money, he stabbed him RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 near his waist. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case, and there is no any criminal antecedent of the applicant. The applicant is in jail since 05.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with knife due to which the injured has sustained injuries, and the knife has also seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 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 charge-sheet has been filed against the applicant, and there is no any criminal antecedent of the applicant, the applicant is in jail since 05.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Ganeshwar Dhruv @ Gannu, involved in Crime No. 38/2025, registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 119(2), 296, 351(2) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his 3 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 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 Rajshekhar