1 2025:CGHC:1485 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 161 of 2025 Jeevan Dahariya S/o Sukhdas Dahariya Aged About 42 Years R/o Village Jhhal, Police Station Bilha, District Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Bilha, District Bilaspur, C.G. ... Non-Applicant For Applicant : Mr. Devesh Chandra Verma, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 88/2024, registered at Police Station – Bilha, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 506, 307 and 34 of the Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant Smt. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.10 16:19:35 +0530 2 Mongra Bai Dinkar has lodged report before Police Station Bilha (C.G.) that on the date of incident i.e. 25.03.2024 at Holit Festival, around 07:00 pm, the applicant along with his elder brother Suresh Dahariya came to his house and has assaulted to the complainant, her mother-in-law and father-in-law and as a result they have received injuries over their shoulder, head and chest. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused person including the applicant are involved in the present case and there is no allegation against the present applicant, for causing injuries to the injured, namely, Kadam Bai Dinkar and the same has been levelled against the co-accused Suresh Dahariya who is the brother of the applicant and caused injuries to the said injured by Danda. It is also submitted that the applicant has no previous criminal antecedents. He later submitted that the charge-sheet has been filed and the applicant is in jail since 08.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposes the bail application. He further submits that the applicant along with his elder brother Suresh Dahariya came to complainant's house and has assaulted to the complainant, her mother-in-law and father-in- law and as a result they have received injuries over their shoulder, head and chest. He further submits that the applicant has one 3 previous criminal antecedents under the Istagasa. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 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 co-accused person including the applicant are involved in the present case and there is no allegation against the applicant for causing injuries to the injured, namely, Kadam Bai Dinkar and the same has been levelled against the co-accused, namely, Suresh Dahariya who is the brother of the applicant and caused injuries to the said injured by Danda, further the applicant has one previous criminal antecedent under the Istagasa, the charge-sheet has been filed and he is in jail since 18.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Jeevan Dahariya, involved in Crime No. 88/2024, registered at Police Station – Bilha, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 506, 307 and 34 of the Indian Penal Code, 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 4 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 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) 5 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 Preeti