1 2025:CGHC:21684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3693 of 2025 Munna Das S/o. Late Ram Das Aged About 63 Years R/o. Loharapara, Batra, Thana and District Pali, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station Pali, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.05.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 41/2025 registered at Police Station Pali, District- Korba, (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The case of the prosecution, in brief, is that on 27.01.2025 at about 6:40 PM, the complainant, Ravi Kumar Pandey, who is the brother of the injured person, lodged an oral report at Police Station Pali, District Korba (C.G.), against the applicant. He stated that on the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 same day at around 4:45 PM, the applicant assaulted his brother, Mahendra Pandey, on the head with a Tangiya (axe-like weapon), causing injury. Thereafter, the police registered an FIR and arrested the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is an elderly person, aged about 63 years, and the victim is his son-in-law, on 28.04.2019, the victim, Mahendra Pandey, and Asha Manikpuri, who is the daughter of the applicant, solemnized a love marriage. Thereafter, Mahendra Pandey started torturing and assaulting Asha Manikpuri, due to which she left his house. Subsequently, on 03.09.2024, Mahendra Pandey lodged a missing person report at Police Station Pali, District Korba (C.G.). It is further submitted that the victim often harassed the applicant, and when he came to the applicant’s house, he assaulted him, during which the victim mistakenly sustained an injury. He further submits that the injured person was received injuries which was simple in nature nor any in a grievous nature. He also submits that the applicant is in jail since 28.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the 3 competent Court. She further submits that the present applicant have assaulted the injured on the head with a Tangiya (axe-like weapon). As a result, the injuries sustained to the injured are grievous in nature, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 28.01.2025, the fact that the applicant is an elderly person, aged about 63 years, and the victim is his son-in-law, on 28.04.2019, the victim, Mahendra Pandey, and Asha Manikpuri, who is the daughter of the applicant, solemnized a love marriage, thereafter, Mahendra Pandey started torturing and assaulting Asha Manikpuri, due to which she left his house, subsequently, on 03.09.2024, Mahendra Pandey lodged a missing person report at Police Station Pali, District Korba (C.G.), further the victim often harassed the applicant, and when he came to the applicant’s house, he assaulted him, during which the victim mistakenly sustained an injury, the injured person was received injuries on his head, further the fact that the applicant has no criminal antecedent, charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let Applicant- Munna Das, involved in Crime No. 41/2025 registered at Police Station Pali, District- Korba, (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 4 2023, be released on bail on their 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan