1 2025:CGHC:37690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4326 of 2025 Yugraj Nayak S/o Gajendra Nayak Aged About 25 Years R/o Bsup Colony, Arjun Valley, Saddhu, P.S. Vidhansabha, Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. - Vidhan Sabha, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Purnchand, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 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. 194/2025, registered at Police Station – Vidhan Sabha, District- Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 191(2), 191(3), 118(1), 118(2) of the Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that the applicant along with other co-accused is alleged of committing grevious hurt and causing grevious injuries to complainant and his brothers due to some previous PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.01 17:07:05 +0530 2 enmity. However, the applicant is innocent and has been falsely implicated in present case as he was not present at place of incident. The applicant has been made accused only on the basis of memorandum of co-accused persons however no seizure/recovery has been done from the present applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that a general allegation has been made against the applicant regarding the assault on the three injured persons, one of whom has sustained serious injuries; however, the said injury has been attributed to another co-accused, namely Gopal Nayak. It is also submitted that the applicant has no prior criminal antecedents. Furthermore, the charge sheet has already been filed, and the applicant has been in judicial custody since 10.05.2025. As the trial is likely to take a considerable amount of time to conclude, the counsel prays for the grant of bail. 4 On the other hand, the learned State counsel opposed the bail application. He further submits that the applicant along with other co-accused is alleged of committing grevious hurt and causing grevious injuries to complainant and his brothers due to some previous enmity. Therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 a general allegation has been made against the applicant 3 regarding the assault on the three injured persons, one of whom has sustained serious injuries; however, the said injury has been attributed to another co-accused, namely Gopal Nayak, further, the applicant has no previous antecedents, the charge-sheet has been filed and he is in jail since 10.05.2025 and conclusion of the trial is likely to take some time, further, the case of the present applicant is distinguished from the co-accused persons, hence, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7 Accordingly, the bail application is allowed. Let the applicant -Yugraj Nayak, involved in Crime No. 194/2025, registered at Police Station – Vidhan Sabha, District- Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 191(2), 191(3), 118(1), 118(2) of the Bharatiya Nyay Sanhita, 2023, 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 his, 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 his 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 Preeti