1 2025:CGHC:23893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3851 of 2025 1 - Kishun Agariya S/o Jugeshwar Aged About 40 Years R/o Dhanespur, Thana Korandha, District Balrampur Ramanujganj (C.G.) 2 - Krishna S/o Jugeshwar Aged About 45 Years Dhanespur, Thana Korandha, District Balrampur Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Officer In Charge Of P.S. Korandha, District – Balrampur-Ramanujganj (C.G.) ---- Non-applicant For Applicant : Mr. Sudhir Sharma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.06.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 7/2025, registered at Police Station – Korandha, District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(3), 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 19.02.2023, when the complainant was returning home after his son treatment, the applicants called him and threatened that they will not give the land of Dhaneshpur and they partition the land of Podipa, then the complainant disconnected the phone and started coming towards his house, it is also alleged that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 when the complainant reached near the old Sarpanch’s house, present applicants hold his hand and started abusing him and threatening to kill him, beaten him with a wooden stick. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been filed in this case. The applicants are said to have assaulted the injured with a wooden stick on his head and as per the medical reports, there appears to be no internal injuries caused to the injured. The applicants are in jail since 03.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicants are said to have assaulted the injured with a wooden stick on his head, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, further the applicants are said to have assaulted the injured with a wooden stick on his head and as per the medical reports, there appears to be no internal injuries caused to the injured, the applicants are in jail since 03.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicants, Kishun Agariya and Krishna, involved in Crime No. 7/2025, registered at Police Station – Korandha, District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(3), 117(2), 109 and 3(5) of the BNS, be released on bail on his furnishing a 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 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 Rajshekhar