1 2025:CGHC:32050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3958 of 2025 Nakul Yadav S/o Santosh Yadav Aged About 19 Years R/o Amraiya Chowk, Ward No. 54, Chingrajpara, Police Station - Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through, Police Reserve Centre, Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aditya Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 156/2025 registered at Police Station- Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 29.01.2025, the applicant is alleged to have been involved in the incident along with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 other co-accused. As per the First Information Report, the applicant is specifically alleged to have assaulted the complainant and other injured persons using a brick, while the other co-accused were armed with different weapons. Pursuant to the said incident, an FIR was lodged against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. He further submits that the applicant and the co-accused person were involved in the present case, and admittedly, as per the prosecution's case, it was the co-accused Harsh Upadhyay who assaulted the injured with knife, the injuries sustained by the injured are dangerous to life, while the applicant is alleged to have accompanied the co-accused. He further submits that the co-accused person namely Ayush Yadav, has already been granted bail by this Court in MCRC No. 4792/2025 vide order dated 24.06.2025, it is further submitted that the applicant is in jail since 20.03.2025, charge-sheet has already been filed, and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the accused person along with other co-accused have assaulted the victim with knife and the injuries sustained by the injured are dangerous to life, therefore, the applicant is not entitled for grant of bail. 3 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, nature and gravity of offence, period of detention of the applicant since 20.03.2025, the fact that though the applicant and the co- accused person were involved in the present case, and admittedly, as per the prosecution's case, it was the co-accused Harsh Upadhyay who assaulted the injured with knife, the injuries sustained by the injured are dangerous to life, while the applicant is alleged to have accompanied the co-accused, but the said act was attributed to co-accused person, namely Harsh Upadhyay, further the case of present applicant is distinguishable from that of the co- accused, namely Harsh Upadhyay, who committed the said act, further the co-accused person namely Ayush Yadav, has already been granted bail by this Court in MCRC No. 4792/2025 vide order dated 24.06.2025, the applicant has only 01 criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Nakur Yadav, involved in Crime No. 156/2025 registered at Police Station- Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 5 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan