1 2025:CGHC:29970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3501 of 2025 1. Deep Kumar Suryawanshi S/o Santosh Kumar Suryawanshi Aged About 25 Years R/o Surya Chowk Khokhra, Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh. 2. Badal Suryawanshi S/o Ghanshyam Suryawanshi Aged About 27 Years R/o Surya Chowk Khokhra, Tahsil Janjgir, District Janjgir- Champa, Chhattisgarh. 3. Ajay Kumar Suryawanshi S/o Rajendra Kumar Suryawanshi Aged About 26 Years R/o Surya Chowk Khokhra, Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station- Janjgir, District Janjgir-Champa, Chhattisgarh. ... Non-applicant For Applicants : Mr. Vivek Singhal, 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 applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:22 +0530 2 grant of regular bail, as they have been arrested in connection with Crime No. 260/2025, registered at Police Station Janjgir, District Janjgir – Champa (C.G.) for the offence punishable under Sections 221, 121(1), 132, 296, 351(2) read with section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, an FIR was registered on the complaint made by Shubham Ekka (Constable), stating that during the Navratri festival, he was posted at Manka Dai Mandir. On 01.04.2025, while he was on duty at the main road near the Mandir along with Raju Lakhewala at about 7:00 PM, two persons came on a motorcycle and attempted to go towards the Mandir. The complainant stopped them, and they informed him that their names were Deep Suryavanshi and Badal Suryavanshi. The complainant then informed them that the temple trust had established a parking area and that entry of vehicles towards the Mandir was restricted, and they were asked to park their vehicle in the designated parking area. Thereafter, the applicants abused the complainant, caught hold of his collar, and assaulted him. Subsequently, on the basis of the FIR, an investigation was conducted, and a charge-sheet was filed before the concerned Court. 3. Learned counsel for the applicants submits that the present applicants are innocent person who have been falsely implicated in the present case. He submits that the the applicants have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He also submits that the 3 injuries of the injured is simple in nature, the applicants have been in jail since 02.04.2025, 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 applicants 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 present case and the applicants are in jail since 02.04.2025, 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 the applicants – Deep Kumar Suryawanshi, Badal Suryawanshi and Ajay Kumar Suryawanshi involved in Crime No. 260/2025, registered at Police Station Janjgir, District Janjgir – Champa (C.G.) for the offence punishable under Sections 221, 121(1), 132, 296, 351(2) read with section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the 4 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 sufficient 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 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 sufficient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against them 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