1 2025:CGHC:29971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3471 of 2025 Shammi Shikari S/o Shri Bhaktiram Shikari Aged About 25 Years R/o Chorhadevri, Present Address- Gobari Pat, P.S. - Kota, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Officer In Charge, P.S. - Ratanpur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 226/2025, registered at Police Station Ratanpur, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 296, 118(1), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, Chhabi Shikari, lodged a report alleging that at around 2:00 A.M. on the night of 10- 11.04.2025, while he was serving food to some people on the road, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:22 +0530 2 the applicant came riding his motorcycle at a high speed. When the complainant asked the applicant not to drive at such a high speed, the applicant abused him and assaulted him with a small knife attached to a keyring, due to which the complainant sustained simple injuries on his abdomen, upper waist, and hip. It is for this reason that the bail application of the present applicant was dismissed by the trial Court on 17.04.2025. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He submits that the present applicant has never been involved in any such activity or incident as alleged. He further submits that due to previous enmity, the complainant has maliciously lodged a false FIR against the applicant. He also submits that as per the impugned order, the injuries of the injured is simple in nature, the applicant has been in jail since 13.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has 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 gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature and further, the charge- sheet has already been submitted before the competent Court in the 3 present case and the applicant is in jail since 13.04.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Shammi Shikari, involved in Crime No. 226/2025, registered at Police Station Ratanpur, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 296, 118(1), 351(2) of the Bhartiya Nyaya Sanhita, 2023, 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 his 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 his, in accordance with law, 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek