1 2025:CGHC:1469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 140 of 2025 Ajeet Vishwakarma S/o Arjun Vishwakarma Aged About 22 Years Caste- Vishwakarma, R/o Beltikri, Basahat, Police Station-Dipka, District-Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Dipka, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2025 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. 254/2024 registered at Police Station Dipka, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115, 3(5), 109, 190 & 191 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Prashant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 10:46:44 +0530 2 Vishwas, lodged a report at Police Station Dipka, alleging that on 05.08.2024, while he, along with his brother Sanju and the injured Manmeet, was returning home, the accused Nawal, along with his friends, confronted them and abused them with filthy language. It is further alleged that Nawal assaulted Manmeet with an iron rod, causing injuries. Subsequently, the complainant and his brother took Manmeet to the hospital for treatment. Based on the report, an offence under Sections 296, 351(2), 115, and 3(5) of the B.N.S. Act was registered against Nawal and his friends. During the course of the investigation, the present applicant was arrested on 17.09.2024. 3. Learned counsel for the applicants submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the injured received grievous injuries on his person, but the same was caused by Naval, who assaulted the injured with steel rod, the present applicant assaulted the injured only by hands and fists. He also submits that there was no quarrel between applicant and injured, as well as nothing has been seized from his possession. The applicant is in jail since 17.09.2024, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have 3 assaulted the injured with steel rod, due to which, the injured received grievous injuries on his person, therefore, the applicant 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 17.09.2024, the fact that though the applicant alongwith other co-accused persons have assaulted the injured with steel rod, due to which, the injured received grievous injuries on his person and as per query report, it has been opined dangerous to life, but the said injury was caused to him by Naval, who assaulted the injured by steel rod, further the case of present applicant is distinguishable to that of the co-accused Naval, who assaulted the injured by steel rod, the applicant has no criminal antecedent 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. 7. Let the Applicant- Ajeet Vishwakarma, involved in Crime No. 254/2024 registered at Police Station Dipka, District Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115, 3(5), 109, 190 & 191 of BNS, be released on bail on their 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan