1 2025:CGHC:18849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3181 of 2025 1. Anand Rajak S/o Manmohan Rajak Aged About 22 Years R/o Gram Ameri, P.S. Sakri, District Bilaspur (C.G.) 2. Rishi Rajak S/o Manmohan Rajak Aged About 19 Years R/o Gram Ameri, P.S. Sakri, District Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Sakri, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Mr. V.S. Mishra, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.04.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 318/2024, registered at Police Station – Sakri, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 324, 307, 506, 34 of Indian Penal Code. 2. The case of the prosecution, is that the victim Subhash Bhargava was PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.28 10:41:46 +0530 2 sleeping with his wife when, around 1:30 AM between 03.06.2024 and 04.06.2024, the present applicant along with a juvenile came to his house. The juvenile hit the victim near his eye, causing injury and bleeding. The victim saw the juvenile and the applicant fleeing before fainting. His wife called 112, and he was taken to CIMS hospital, later referred to Raipur for further treatment. Upon learning of the incident, the complainant, Vishu Khandel, lodged an FIR against the juvenile and the applicant under various Sections of the IPC. After investigation, a charge-sheet was filed against the applicant. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the present applicants had not committed any offence since there was no specific allegation levelled against the present applicants. He further submits that the injury sustained by the victim is simple in nature and the victim had been discharged on the same day when he was admitted at CIMS Bilaspur. He also submits that the victim has no objection, further the charge-sheet has been filed in this case. The applicant is in jail since 28.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. 5. The learned counsel for the objector submits that the victim has no objection. 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 applicants and the fact that the injuries sustained by the victim is simple in nature, and also 3 considering the fact that the victim has no objection, further the charge-sheet has been filed against the applicants, the applicants are in jail since 28.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 -Anand Rajak and Rishi Rajak respectively, involved in Crime No. 318/2024, registered at Police Station – Sakri, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 324, 307, 506, 34 of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 them, in accordance with 4 law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them 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