1 / 4 2025:CGHC:22040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3735 of 2025 Raja Baansfod S/o Chandrika Baansfod Aged About 27 Years R/o Village Lakholi, Police Station Kotwali, Rajnandgaon, Tahsil And District - Rajnandgaon (C.G.) ... Applicant Versus State of Chhattisgarh Through The Police Station Kotwali, District - Rajnandgaon (C.G.) ... Respondent(s) (Cause title taken from CIS) For Applicant : Mr. Anuj Kumar Pandey, Advocate. For Non-applicant/State : Mr. Santosh Soni, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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. 507/2024 registered at Police Station – Kotwali, District: Rajnandgaon, (C.G.) for the offence punishable under Sections 296, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.05.13 17:40:59 +0530 2 / 4 115 (2), 351(2), 118(1), 3(5) of the B.N.S.S. Act and Sections 25 and 27 of the Arms Act. 2. Prosecution story in short is that on date of incident 19.08.2024, when the complainant Smt. Manju Sahu was standing along with one Suman Shriwas and other women of the locality, at that time, the present applicant came there and started quarreling and assaulted the victim namely Rajesh Kumar Sahu with sharp edged weapon, On the basis of aforesaid, report was lodged against the applicant under the aforesaid sections. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the allegation of assault against the present applicant is baseless as no recovery has been made from him and that it was the co-accused Monu Bansfod, who has committed the assault. He further submits that the present applicant is in jail since 21.11.2024 and conclusion of the trial may take some, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, therefore, the present applicant is not entitled for grant of bail. 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 that the present applicant has no criminal antecedents. Also 3 / 4 considering the fact that charge-sheet has been filed before the competent Court and the present applicant is in jail since 21.11.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Raja Baansfod, involved in Crime No. 507/2024 registered at Police Station–Kotwali, District: Rajnandgaon, (C.G.) for the offence punishable under Sections 296, 115 (2), 351(2), 118 (1), 3 (5) of the B.N.S.S. Act and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing 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 4 / 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Anjani/Saurabh