1 2025:CGHC:6592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 167 of 2025 1. Alakhram Ghosle Son of Late Mohan Ghosle Aged About 36 Years Resident of Village Piraiya, Police Station Chakarbhata, District Bilaspur, Chhattisgarh 2. Suraj Kumar Ghosle S/o Late Mohan Ghosle Aged About 25 Years Resident of Village Piraiya, Police Station Chakarbhata, District Bilaspur, Chhattisgarh 3. Agarman Ghosle S/o Late Mohan Ghosle Aged About 23 Years Resident of Village Piraiya, Police Station Chakarbhata, District Bilaspur, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Chakarbhata, District Bilaspur, Chhattisgarh ... Non-applicant For Applicants : Mr. Devesh Chandra Verma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.06 17:46:11 +0530 2 431/2024 registered at Police Station : Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 118(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution alleges that on 21.09.2024, Jagmohan Ghosle, the complainant's father, was working in his garden when the accused persons - Agarman Ghosle, Alakh Ghosle, and Suraj Ghosle - obstructed their path. When the complainant and his father objected, the accused claimed ownership of the land, threatened them, used obscene language, and physically assaulted them with sticks, axes, and rods. The complainant and his father sustained injuries to their backs and heads. Following the incident, the complainant filed a report at the Chakarbhata Police Station in Bilaspur, and an investigation is ongoing. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that there is a counter case in the said incident and both sides have received injuries. He further submits that the present applicants are in jail since 23.12.2024, 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 counsel State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court. She also submits that the applicant No. 01 has 04 criminal antecedents, 3 02 cases are under the IPC of the year 2021 and 02 cases are under the BNS of the year 2024. She further submits that applicants are said to have assaulted the complainant and his father due to which they sustained grievous injuries, therefore, they are not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the that there is a cross reports of the incidents and both sides have received injures, moreover, the applicant No. 01 has 04 criminal antecedents, 02 case are under the IPC and other 02 cases are under the BNS which are stated to pending cases. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicants have been in jail since 23.12.2024 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Alakhram Ghosle, Suraj Kumar Ghosle and Agarman Ghosle involved in Crime No. 431/2024 registered at Police Station : Chakarbhata, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 118(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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