1 2025:CGHC:30306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4223 of 2025 Aneesh Yadav son of Nohar Yadav Aged About 19 Years R/o Ganesh Nagar, Nayapara Bilaspur, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Sanjay Kumar Sahu, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2025 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.127/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.05 12:24:33 +0530 2 Sections 296, 115 (2), 351(2), 191(2), 191(3), 190 of B.N.S. and section 25 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant Sanjay Kumar Vishwakarma has lodged report to concerned police station Sirgitti with intend that on the date of incident the applicant has used filthy language and assaulted upon the injured person through lathi and rod by threatening to commit murder, as resultant of the same, the injured person received injuries upon his hand, backside and head. Based upon such complaint made by the complainant, the police has registered the crime no. 127/2025 for offence under section 296, 115 (2), 351(2), 191(2), 191(3), 190 of B.N.S. and section 25 of Arms Act against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely been implicated in this case. He would submit that complainant's relative Rohit Vishwakarma has always mentally harassed and tortured the minor sister of applicant's relative Rahul Yadav and Rahul Yadav have always advised Rohit Vishwakarma to stop illegal activities with his minor sister but the complainant's relative have always used filthy language and threatened to commit murder of the applicant's relative Rahul Yadav, thereafter, the complainant has made false complaint against the applicant. He would submit that during festival of holi, the applicant was celebrating holi festival and at that time, the complainant along with 4 others forcefully entered 3 into the applicant's house with knife and they have used filthy language and have committed marpeet. He would submit that the applicant is in jail since 22/07/2024, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case. He would submit injuries were found to be simple in nature. 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, considering the fact that injuries were found to be simple in nature, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Aneesh Yadav, involved in Crime No.127/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115 (2), 351(2), 191(2), 191(3), 190 of B.N.S. and section 25 of Arms Act, 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 4 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri