1 2025:CGHC:28305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3651 of 2025 Akbar Khan S/o. Amjad Khan Aged About 19 Years R/o. Ashok Nagar, Ekta Colony, Near I.T.I., Sarkanda, P.S. Sarkanda, Dist. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda, Dist. Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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 applicant who has been arrested in connection with Crime No. 195 of 2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 109, 190, 191(2), 191(3), 296 and 351 of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, 1959. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:11 +0530 2 2. As per prosecution story, on 02.02.2025 (wrongly mentioned as 02.20.2025 in the impugned order) the complainant was informed by one Sanju that applicant along with other co accused persons were creating UPTA as the complainant reached on spot and tried to Controversy in the house of one Shravan Sahu. As soon intervene in between one of the co accused namely Munnu Khan stabbed him with knife and all the accused persons abused and beaten him 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the applicant has not committed any offence which was levelled against him and the applicant was not in possession of any material that has been seized, the police authorities is falsely corroborating the same with the alleged incident. He also submits that the applicant has no criminal antecedents and he is in jail since 03.02.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already 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. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant along with co-accused persons had gone for attending Chhati ceremony, wherein some altercation took place, due 3 to old rivalry between the Shrawan Sahu and the co-accused namely Munnu, Ruknu, Akbar, Asraf, Bouna @ Salman, Khizaam, and thereafter one of the co-accused namely Munnu Khan, was stabbed injuries to the injured on account of which, the injured received grievous injuries and the present applicants are assaulted the injured by hands and fists, moreover the present applicants have not named in the F.I.R. they have made accused only on the basis of 161 of Cr.P.C. statement of the eye witnesses who had also stated that they had not assaulted the injured/victim further the case of the applicant is better than the case of the co-accused and in the present case charge-sheet has been filed before the competent Court and he is in jail since 03.02.2025, the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Akbar Khan, involved in Crime No. 195 of 2025 registered at Police Station : Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 109, 190, 191(2), 191(3), 296 and 351 of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, 1959, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav