1 2025:CGHC:21119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3532 of 2025 Jwala Prasad S/o Siddhu Ram Aged About 53 Years R/o- Hosptal Dafaai Haldibadi, P.S. And Tah. - Chirmiri, Distt.- M.C.B. (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. P.S.- Chirimiri, Distt.- M.C.B. (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ramsajivan, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 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. 285/2024 registered at Police Station Chirimiri, Distt.- M.C.B (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 11.11.2024 at 3-4 P.M., the injured Dr. Mukhtar Ahmed was going to his hospital located at AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Shanichari Bazar after buying vegetables from Shanichari Bazar Haldibadi, at the same time the applicant / accused started pulling his bag, when he resisted the applicant to pull the bag, then the applicant / accused assaulted him on his neck of the victim with axe, due to which, injured’s nasal bone was fractured, thereafter, aforementioned offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that though the applicant had assaulted the injured with axe, due to which, injured received injuries on his nose i.e. fracture of his nasal bone, but the said injury is found to be simple in nature as it also reflects from the CT Scan Report of the applicant. He further submits that the applicant is not mentally fit and he has to visit to the State Mental Hospital for a follow-up after 15 days. The applicant is in jail since 04.04.2025, 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. He further submits that the applicant is alleged to have assaulted the injured with axe, due to which, his nasal bone was fractured, further there is also seizure of iron axe from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.04.2025, the fact that though the applicant is alleged to have assaulted the injured with axe, due to which, his nasal bone was fractured, further there is also seizure of iron axe from the possession of the applicant, but applicant is not mentally fit and he has to visit to the State Mental Hospital for a follow-up after 15 days, further he 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-Jwala Prasad, involved in Crime No. 285/2024 registered at Police Station Chirimiri, Distt.- M.C.B (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) of 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 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 proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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. 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 Akhil