1 2025:CGHC:28764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3847 of 2025 Sumit Mali @ Paji S/o Ganesh Mali Aged About 21 Years (Wrongly Mentioned As Pani) R/o Bhola Gali, Indira Nagar, Tahsil And District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Raigarh (C.G.) … Respondent For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-Applicant/State : Mr. Subha Shrivastava, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This is the first bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 144/2025 registered at Police Station –City Kotwali Raigarh, District – Raigarh (C.G.) for the offence punishable under Sections 296,351(2),118(1)(2) of BNS and Section 25 and 27 of Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:40 +0530 2 2. As per the prosecution story is that on 07/06/2025 the complainant Amit Singh lodged the report before police station City Kotwali, District Raigarh. It is alleged that on 06/04/2025 on the day of Festival Ramnavmi in which Indira Nagar Chowk at about 4.00 O'clock decoration luster was prepared by the peoples wherein complainant of Elder father's son namely Jagannath Singh Rajput was standing and told to start the DJ then resident of Indira Nagar Raigarh R/o Sumit Mali Paji through Bhai Jagannath Singh you are making as much clever saying it started abusive language in the name of mother and sister and after denying it threatening to kill and attempt left hand of palm by having sword thereby injury received. After deny the quarrel by complainant and he was also received injury and Jagannanth Singh Rajput received sustained injury and he was admitted on 06/04/2025 for treatment before Hospital Raigarh. The concerned police station registered the crime for an offence u/s 296,351,(2),118(1)(2) of BNS & Section 25, 27 Arms Act 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is some hot talk with the point of quarrel in between thembut due to wrong intention the complainant lodged the report against the applicant He further submits that in the present case the applicant has no intention to injure upon the complaint and only for some hot talk in between them therefore quarrel has been started and he is in jail since 08.04.2025, therefore, he also prays for grant of regular bail to the present applicant. 3 4. On the other hand, the learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as per the case diary, the injuries received by the injured are simple in nature. Moreover, the present applicant has no criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicants are in jail since 08.04.2025, the 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 regular bail in this case. 7. Let applicant, Sumit Mali @ Paji, involved in Crime No. 144/2025 registered at Police Station –City Kotwali Raigarh, District – Raigarh (C.G.) for the offence punishable under Sections 296,351(2),118(1)(2) of BNS and Section 25 and 27 of Arms Act., against the present applicant, against the present applicant be released on bail on furnishing personal bond with two local 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 4 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 his 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 his, 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 Vaibhav