1 2025:CGHC:43687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3733 of 2025 Charnu Rao S/o Basant Rao Aged About 32 Years R/o Camp-01, Shastri Nagar, Behind Buddha Vihar, Police Station- Cantonment, Bhilai, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The S.H.O., Police Station Chhawani, Durg (C.G.) ... Respondent For Applicant : Shri Samdarsh Nirankari, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. For objector : Shri Anmol Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 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.436/2024 registered at Police Station Chhawani, District Durg for the offence punishable under Sections 109, 3(5) of B.N.S.,2023. 2. Case of the prosecution, in brief, is that on 29.09.2024, at around 11:50 PM, one Atul Yadav came to the house of the complainant Ashwin Vasnik and his brother Pratik Vasnik, and asked them to come along GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.01 19:46:58 +0530 2 with him, near Shiv Mandir. When they reached there, the present applicant asked him that why did you not recharge the mobile phone of Shera, and upon the complainant talking back in rude tone, the present applicant Charnu slapped him and thereafter, Rakesh hit him with a steel pipe, and the Tusar hit him with a stump on the body. Upon intervention by his brother Pratik Vasnik, he was assaulted, near his stomach and chest, by Shera and the present applicant. Thereafter, Shera aslo tried to attack Ashwin Vasnik but he ducked and sustained injury on his left leg. After which they fled from the spot. An F.I.R. bearing crime no. 436/2024, was lodged at the Chhawani Police Station, Durg, on 30.09.2024, and a charge sheet bearing no. 491/2024 was filed on 26.11.2024. 3. Learned counsel for the applicant submitted that the applicant though was stated to be involved in two cases under Section 302 IPC, one has resulted in acquittal and in other he has been convicted, thereafter he was released after 17 years from jail. It is alleged that the applicant is said to have assaulted the injured with a knife on his abdomen and injured intestine has protruded out. He would submit that as the complainant and injured were not appearing before the trial court though they have appeared after this court passed an order and statement of one of the injured has been recorded. It is stated that the co-accused is not appearing, hence the cross-examination of the injured could not be proceeded, to which learned counsel for the objector submits that against co-accused Rakesh Sahu, permanent warrant has been issued. Learned counsel for the applicant would submit that the charge sheet has been filed, applicant is in jail since 30/09/2024 and conclusion of trial will take some time, therefore, he 3 prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel as also learned counsel for the objector oppose the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant is said to have assaulted the injured with a knife on his abdomen and intestine of injured has protruded out, further the fact that co-accused Rakesh Sahu is stated to be absconding after bail being granted to him by this Court and permanent warrant has been issued against him, considering the fact, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Charnu Rao involved in Crime No.436/2024 registered at Police Station Chhawani, District Durg for the offence punishable under Sections 109, 3(5) of B.N.S. 2023, is rejected. 8. However, the Trial Court is directed to proceed with the trial in accordance with law and conclude the trial of the applicant, if the said co-accused is absconding. 9. Office is directed to provide a certified copy of this order to the Trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri