1 2025:CGHC:29133 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4233 of 2025 1 - Ajay Tiwari S/o Shyamlal Tiwari Aged About 40 Years R/o Bhakta P.S. Bijuri District- Anuppur (M.P.). 2 - Ritesh Tiwari S/o Badrinath Aged About 25 Years R/o Village- Rasmohni P.S. Shahdol District- Sahdol (M.P.) (Details Incompletely Mentioned In The Impugned Order). ... applicants versus State Of Chhattisgarh Through- Station House Officer, P.S. - Surajpur, District- Surajpur (C.G.) ... Non-applicant For Applicants : Ms. Chetna Sharma, Advocate For Res./State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS”) for grant of regular bail to the applicants who have been arrested in connection with Crime No.169 of 2025 (wrongly mentioned as 79/2025 in the second page of the impugned order) registered at Police Station- P. S.- 2 Surajpur, District-Surajpur (C.G.), for the offence punishable under Sections 109, 309(6), 351(3) of Bharatiya Nyaya Sanhita, 2023 (in short “BNS”). 2. The prosecution's case is that the complainant works as a helper in truck bearing No. C.G. 15-D-9007 and the alleged incident occurred on 02.04.2025 when the complainant alongwith driver and other co-helper was returning to Ambikapur from Baikunthpur. On National Highway- 43, as the truck’s brakes failed, therefore, they parked the truck and slept. At mid-night around 1.30 am, complainant woke up and saw two people were extracting oil from the truck and when the complainant protested, he was assaulted by one of accused persons with an iron rod, thereafter the accused persons fled away. Next day i.e. 03.04.2025, the complainant lodged FIR on which, the police registered the offences against the applicants and arrested them. Hence this bail application. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and they have been falsely implicated in the offence in question. She also submits that though one of the applicants is said to have assaulted the complainant/injured, who is the helper of the truck bearing No. C.G. 15-D-9007, but the injuries are simple in nature and there appears to be no internal damage caused to the injured on vital part of the body. She also submits that the applicants are in jail since 03.04.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail 3 application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that though one of the applicants has assaulted the injured but the said injuries are simple in nature and there appears to be no internal damage caused to the injured on vital part of the body, and further considering that the applicants are in jail since 03.04.2025, conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. Accordingly, the bail application is allowed. 7. Let applicant No. 1 –Ajay Tiwari and applicant No. 2- Ritesh Tiwari involved in Crime No.169 of 2025 (wrongly mentioned as 79/2025 in the second page of the impugned order) registered at Police Station- P. S.-Surajpur, District-Surajpur (C.G.), for the offence punishable under Sections 109, 309(6), 351(3) of BNS, 2023, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial 4 court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.02 21:30:50 +0530