1 2025:CGHC:32048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4120 of 2025 • Hemnarayan Sahu S/o Late Bholu Ram Aged About 55 Years R/o Vill. Navagaon (Budeni), Police Out Post Kareli Badi, Police Station- Magarlod, District Dhamtari (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station Magarlod, District Dhamtari (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Arun Kumar Shukla, Advocate For Respondent : Ms. Soumya Sharma, 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. 52/2025 registered at Police Station Magarlod, District- Dhamtari (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 109 of BNS. 2. Case of the prosecution, in brief, is that, on 26/03/2025 at about 8 pm the applicant and his son were using vulgar VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 language against his mother and sister and when he objected, they threatened to kill him and hit him with a piece of brick lying nearby causing injuries on his right arm and thigh. It is further alleged that his elder son was also injured by the son of the applicant. Upon this report police registered the the case U/s. 296,115(2),351(2),3(5) of B.N.S and latter on added sec. 109 of the B.N.S. and arrested the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant is a father of the co- accused aged about 55 years old. The applicant and complainant are neighbors and there was some quarrel took place between them regarding drain and street. As per medical report, injury is superficial in nature and there is no fracture or bone injury found on the body of the complainant. He further submits that applicant has one previous criminal antecedent bearing crime No. 13/2020 under Section 294, 323, 506, 325, 506-B, 34 of the IPC, which was disposed of on 12.03.2022 and the applicant is in jail since 15.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicant has one previous criminal antecedent bearing crime No. 3 13/2020 under Section 294, 323, 506, 325, 506-B, 34 of the IPC, which was disposed of on 12.03.2022. 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 allegation levelled against the applicant and the fact that as per medical report, injury is superficial in nature and there is no fracture or bone injury found on the body of the complainant and applicant has one previous criminal antecedent bearing crime No. 13/2020 under Section 294, 323, 506, 325, 506-B, 34 of the IPC, which was disposed of on 12.03.2022 and the applicant is in jail since 15.04.2025 further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Hemnarayan Sahu, involved in Crime No. 52/2025 registered at Police Station Magarlod, District- Dhamtari (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 109 of 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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali