1 2025:CGHC:18842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3191 of 2025 Kuldeep Singh @ Montu S/o Shri Gopal Singh Aged About 35 Years R/o Shyam Nagar, Indira Chowk, House No. 32/1165, Police Station- Telibandha, Raipur, District Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Mana Camp, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Mahendra Dubey, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2025 1. 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, District Raipur (C.G.) for the offence punishable under Sections 309(4), 117(2) and 324(2) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that Crime No. 69/2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 registered against the applicant and two others at Police Station Mana Camp, Raipur, Chhattisgarh, wherein the the complainant, Harish Agrawal, alleged that on March 3, 2025, at around 10:30 P.M., while driving his car towards Samta Colony, the accused (Balraj Manikpuri, Lokesh Yadav, and the applicant) collided with his car and on questioning them, they allegedly beat him, causing him to fall. They snatched his phone and threw it on the ground. The complainant further alleged that the accused stole Rs. 76,000 from his left pocket and fled. The complainant sustained injuries, including a fractured tooth, and received primary treatment. Based on these allegations, the FIR was registered, and the applicant was arrested on March 6, 2025. Hence, the bail application. 3. 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 the one of the identically situated co-accused persons, namely, Lokesh Yadav @ Lalla has already been granted bail by this Court vide order dated 17.04.2025 in MCRC No.2975/2025. The applicant is in jail since 06.03.2025, the applicant has no criminal antecedent, 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. 4. 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 are alleged to have assaulted the complainant on an altercation occurred, when their vehicles collided with each 3 other, due to which, the injured sustained injuries, including a fractured tooth, and received primary treatment, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.03.2025, the fact that though the applicant alongwith other co-accused persons are alleged to have assaulted the complainant on an altercation occurred, when their vehicles collided with each other, due to which, the injured sustained injuries, including a fractured tooth, but one of the co-accused persons, namely, Lokesh Yadav @ Lalla has already been granted bail by this Court vide order dated 17.04.2025 in MCRC No.2975/2025 and the case of present applicant is identical to that of the said co-accused, further applicant has no criminal antecedents and 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. 7. Let the Applicant-Kuldeep Singh @ Montu, involved in Crime No. 69/2025 registered at Police Station Mana Camp, District Raipur (C.G.) for the offence punishable under Sections 309(4), 117(2) and 324(2) 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 4 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. 8. 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