1 2025:CGHC:40977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4189 of 2025 1 - Durgesh Nishad S/o Harishchandra Nishad Aged About 22 Years Resident Of Ward No. 22, Tilda Basti, Police Station Tilda Nevra, Raipur, District : Raipur, Chhattisgarh 2 - Bhupendra Soni S/o Ramkripal Soni Aged About 18 Years Resident Of Ward No. 22, Tilda Basti, Police Station Tilda Nevra, Raipur, District : Raipur, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station Tilda- Nevra, Raipur, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 152/2025, registered at Police Station – Tilda-Nevra, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5) and 324(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant has lodged report to the concerned Police Station that he was gone to attend in marriage ceremony at village Kuthrel and when he after eating food, gone to return RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and sit in the vehicle and at that time, four persons came there and they have quarreled dispute with the injured person and thereafter, accused persons have used filthy language and committed marpeet with injured person by hand and fist, by causing simple injuries received upon injured person. Based upon the such report, the offence was registered against the applicants and other accused persons. 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 there is no criminal antecedents registered against the present applicants. It is further submitted that the applicants are said to have assaulted the injured with belt, whereas it is the co-accused namely, Shankar, who is said to have assaulted the injured with a sharp knife. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 22.04.2025 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 there is no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. It is further submitted that the applicants along with the co- accused persons are said to have assaulted the injured with hand, fist belt and knife due to which some injuries are sustained to the injured person, 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 3 there is no any criminal antecedents registered against the present applicant, further the fact that the applicants are said to have assaulted the injured with belt, whereas it is the co-accused namely, Shankar, who is said to have assaulted the injured with a sharp knife, the case of the co-accused is distinguishable from the case of the applicants, charge- sheet has been filed against the applicant, the applicants are in jail since 22.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Durgesh Nishad and Bhupendra Soni, involved in Crime No. 152/2025, registered at Police Station – Tilda-Nevra, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5) and 324(4) 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 4 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