2025:CGHC:22015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3830 of 2025 Lukky Rajwani S/o Vijay Rajwani Aged About 27 Years R/o Imlipara, Ward No-17, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Police Station House Officer, P.S. - Khamtarai, District - Raipur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Virendra Verma, Advocate For Respondent/State : Shri Santosh Soni, GA ------------------------------------------------------------------------------------------------------------------ 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. 254 of 2025 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. At the outset, learned counsel for the applicant would submit that parties have entered into compromise on 05.04.2025, as there appears business transaction between them. More over, copy of the compromise Digitally signed by V PADMAVATHI Date: 2025.05.13 17:39:25 +0530 Mcrc 3830 of 2025 2 has been annexed as Annexure A3. It is also submitted that charge- sheet has already been submitted in the case, and there is no criminal antecedents against the applicant, as submitted in para-4(A) of the petition. 3. On the other hand, learned State counsel has not opposed the submission of learned counsel for the applicant, and submitted that charge-sheet has already been filed in the present case. 4. I have heard learned counsel appearing for the parties and perused the case diary. 5. Taking into consideration the fact that the parties have entered into compromise on 05.04.2025, also considering that the applicant has no criminal antecedents, further charge-sheet has already been filed before the competent Court, and the present applicant is in jail since 09.03.2025, 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. 6. Let the Applicant – Lukky Rajwani, s/o Vijay Rajwani, involved in Crime No. 254 of 2025 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- Mcrc 3830 of 2025 3 (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 opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Mcrc 3830 of 2025 4 court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. 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 padma