1 2025:CGHC:22018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3806 of 2025 1. Sanju Yadav S/o Lt. Shri Manohar Yadav Aged About 31 Years R/o Ward No. 44, Near Hanuman Mandir, Chantidih, Thana Sarkanda, District : Bilaspur, Chhattisgarh 2. Ravishankar Yadav S/o Lt. Shri Manohar Yadav Aged About 28 Years R/o Ward No. 44, Near Hanuman Mandir, Chantidih, Thana Sarkanda, District : Bilaspur, Chhattisgarh 3. Gaurishankar Yadav S/o Lt. Shri Manohar Yadav Aged About 29 Years R/o Ward No. 44, Near Hanuman Mandir, Chantidih, Thana Sarkanda, District : Bilaspur, Chhattisgarh ... Applicants (in jail) versus 1. State Of Chhattisgarh Through- S. H. O. Police Station City Kotwali, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicants : Mr. Abdul Wahab Khan, Advocate For Non-applicant : Mr. S.S. Baghel, Dy. Gov. Advocate SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.5.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicants, who are in custody in connection with Crime No.145/2025 registered at Police Station City Kotwali, Bilaspur (CG) for the offence NISHA DUBEY Digitally signed by NISHA DUBEY 2 punishable under Sections 296, 115 (2), 351 (2), 221, 132, 121 (1), 3 (5) of the Bharatiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 14.3.2025 at about 5:15 p.m. while on patrolling duty, the police receiving information from the Informer that some boys are creating nuisance near Gole Bazar and beating the general public. When the policy party reached the spot and asked the accused persons to move aside the road, they firstly abuse Constable Pushpa Khare and thereafter in furtherance of their common intention to kill the complainant Constable Dhane Sahu, tried to crush him under the wheels of their vehicle. They also caused obstruction in government work by thrashing the complainant on ground by catching hold of his hairs, as a result he sustained injuries. Based on said complaint, the instant crime is registered against applicants and they were arrested on 15.3.2025. 3. Learned counsel for the applicants submits that present applicants are innocent and have been falsely been implicated in the instant crime. Investigation is complete, charge sheet is filed and conclusion of trial is likely to take time. Applicants are in jail since 15.3.2025, and they have no criminal antecedents. They are ready to furnish bail as per the order, abiding with all of conditions imposed by the Court. Hence, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of present applicants and submitted that the applicants 3 have assaulted the government employees of Police Department during their working and caused hindrance in the government working. Therefore, present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicants, applicants are in jail since 15.3.2025, they have no criminal antecedent; charge sheet has already been filed and conclusion of trial is likely to take some time, I am inclined to allow this application. 7. Let Sanju Yadav, Ravishankar Yadav and Gaurishankar Yadav involved in Crime No.145/2025 registered at Police Station City Kotwali, Bilaspur (CG) for the offence punishable under Sections 296, 115 (2), 351(2), 221, 132, 121(1), 3 (5) of the Bharatiya Nyay Sanhita, 2023, be released on regular bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial 4 court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Nisha 5