1 2025:CGHC:4537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 179 of 2025 1. Issar Ali S/o Chhote Shah Aged About 39 Years R/o Gaddhapara, Ward No. 01, Kota, Police Station Kota, Distt. Bilaspur (C.G.) 2. Irfan @ Bhai Jaan S/o Issar Ali Aged About 18 Years R/o Gaddhapara, Ward No. 01, Kota, Police Station Kota, Distt. Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station - Kota, Distt. Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Aman Kesharwani, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 757 of 2024 registered at Police Station : Kota, District – Bilaspur (C.G.) for the offence punishable under Section 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution alleges that on September 14, 2024, an incident ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.25 13:18:10 +0530 2 occurred where the applicants were accused by complainant Tarqib. Earlier, on September 9, 2024, Tarqib's daughter Nazma reported that Ifayat and Irfan assaulted Ruksar. An investigation was underway, and Tarqib, Nazma, and Ruksar visited the Kota Police Station. Later that day, at 7:00 PM, Tarqib's wife Datarbi arrived at the police station with blood oozing from her head. She stated that the applicants assaulted her with a coconut cutter and a wooden stick due to the earlier incident on September 9, 2024. Datarbi was treated at the government hospital in Kota and later referred to CIMS Hospital in Bilaspur, where she was admitted for four days. Based on this, the police registered an offense under Sections 109 and 3(5) of the B.N.S. at the Kota Police Station. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that before the learned trial Court, the complainant submitted no objection to grant bail to the applicants, because they are relatives of the complainant. He also submits that the present applicants are in jail since 18.11.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and 3 gravity of the offense, and the afÏdavit filed by the injured, stating that she has no objection to the applicants being granted bail by the trial Court and the said fact also come in the bail rejection order of trial Court vide order dated 27.12.2024. Moreover, the fact that the charge- sheet has also been filed and the applicants are in jail since 18.11.2024, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Issar Ali and Irfan @ Bhai Jaan, involved in Crime No. 757 of 2024 registered at Police Station : Kota, District – Bilaspur (C.G.) for the offence punishable under Section 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like amount 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 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail 4 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with 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 applicants are 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek