1 2025:CGHC:28266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3332 of 2025 Janardan Nayak @ Santu Nayak S/o Surendra Nayak Aged About 26 Years R/o Village- Harradipa, Police Station- Asta, District- Jashpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Asta, District- Jashpur, Chhattisgarh ... Respondent For Applicant : Shri Sanjeev Kumar Sahu, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.52/2023 registered at Police Station Asta, District-Jashpur (CG) for the offence punishable under Sections 294, 506 Part-2, 323/34, 326, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.27 18:35:51 +0530 2 307, 397 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that on 10.10.2023 the complainant has lodged written report on 15.10.2023 against the present applicant. The victim namely manoj nayak was going to village latora along with sister and sister in law in motor cycle thereafter he left them the victim returned to his house, the complainant has contacted in mobile phone of his sister but no answer to complainant and after he has not returned in his house, that the complainant information came in what's up mobile phone at time 6.30 one injured person is lying on the road side, after the complainant and other family member was going to hospital, then he came know that the accused assaulted and thrown on the road side due to old enmity, accordingly the Station House Officer, Police Station -Asta, District -Jashpur, Chhattisgarh has been registered FIR and offences punishable under sections 294, 506 Part- 2, 323/34, 326, 307, 397 of the Indian Penal Code against the present applicant, and other co-accused and applicant was arrested. 3. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the injured with a tangi/axe and he has received injuries two cut wounds and it is opined by the doctor in MLC that the injuries were found to be grievous in nature whereas in the query report also it has also been stated that same was found to be dangerous to life and it is stated that evidence of two prosecution witnesses have been recorded and so far as criminal antecedents of the applicant is concerned which are seven in number explanation has been given in an affidavit. He would submit that the applicant is in jail since 4/11/2024, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 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 would submit that there are seven criminal antecedents against the applicant. 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, submission of learned counsel for the parties, period of detention of the applicant since 4/11/2024, charge sheet has been filed, trial is likely to some time for its conclusion and without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Janardan Nayak @ Santu Nayak, involved in Crime No.52/2023 registered at Police Station Asta, District-Jashpur (CG) for the offence punishable under Sections 294, 506 Part-2, 323/34, 326, 307, 397 of the Indian Penal Code, 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 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 sufficient cause, the trial court may 4 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 sufficient 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri