1 2025:CGHC:40952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4193 of 2025 1. Manish Shori S/o Mr. Soudagar Shori Aged About 25 Years R/o Benoor, P.S. Benoor, Narayanpur, District Narayanpur, Chhattisgarh 2. Nishant Singh S/o Mr. Sapat Singh Aged About 28 Years R/o Benoor, P.S. Benoor, Narayanpur, District Narayanpur, Chhattisgarh ... Applicants versus State of Chhattisgarh Through The Police Station Bharanda, District Narayanpur, Chhattisgarh ... Non-applicant For Applicants : Mr. Raza Ali, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 04/2025 registered at Police Station : Bharanda, Narayanpur, District Narayanpur (C.G.) for the offence punishable under Section 191(2), 191(3), 190, 331(4), 331(6), 296, 351(3), 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that on 30.04.2025, the complainant, Yashwant Nag, visited the dhaba of the accused, Deepak Gandhi, and a dispute arose regarding the services between the complainant and the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 11:12:02 +0530 2 dhaba owner. It is alleged that the dhaba owner, along with others, went to the complainant's house and assaulted him, leading to the registration of offences against Deepak Gandhi and 4-5 other persons. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the complainant, along with other constables and police officials, himself committed the assault on the staff of the dhaba, while the present applicants were merely a customer who witnessed the incident. In order to protect the said constables, the police asked the applicants not to make any statement against them. Upon the applicant’s refusal, they have been falsely implicated in the present case. He also submits that the applicants have not been named in the FIR. He further submits that the present applicants have no criminal antecedents and they are in jail since 02.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 02.05.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 3 7. Let applicants, Manish Shori and Nishant Singh, involved in Crime No. 04/2025 registered at Police Station : Bharanda, Narayanpur, District Narayanpur (C.G.) for the offence punishable under Section 191(2), 191(3), 190, 331(4), 331(6), 296, 351(3), 109 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 4 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 Abhishek