1 2025:CGHC:29153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4306 of 2025 Devvrat Markande S/o Dayalu Aged About 28 Years R/o Kekrajbod (Village), Police Outpost Jalbandha, Tahsil Khairagarh, Police Station Khairagarh, District K.C.G., Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station - Khairagarh District K.C.G., Chhattisgarh ... Respondent For Applicant : Shri Siddharth Pandey, Advocate. For Respondent/State : Ms. Monika Thakur, PL. For complainant : Shri Vikram Pratap, Advocate. 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 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.503/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.01 20:54:26 +0530 2 Khairagarh, Police Outpost Jalbandha, District K.C.G. (C.G.) for the offence punishable under Sections 109(1) read with 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 23.12.2024 at about 2:35 PM, the complainant/Teejan Chandel lodged a written intimation with the Police Station stating that she along with her daughter Santoshi Chandel and her son Jageshwar Chandel went to watch the Mandai program in their village, where on the night of 24.12.2024 approximately around 3:00 A.M., two individuals of the village/co-accused Kuldeep alias Pahru and the present applicant Devvrat Markande entered into a quarrel with Jageshwar Chandel and during the fight, the co-accused Kuldeep alias Pahru stabbed Jageshwar Chandel three times in the stomach with a knife. The applicant allegedly also assaulted Jageshwar with a stick. Due to this, Jageshwar sustained serious to his stomach. Teejan Bai and her daughter Santoshi witnessed the incident along with several other people from the neighborhood. On the basis of the aforesaid, an FIR was registered for the offence punishable under Section 109(1) read with 3(5) of BNS against the applicant and the co-accused Kuldeep alias Pahru. 3. It has been argued by learned counsel for the applicant that two co-accused persons have already been granted bail by this court namely Dayalu Ram Markande in MCRC No.3073/2025 on 23/04/2025 and Rahul Kurre in MCRC No.3767/2025 on 20/05/2025. It is stated that the applicant was armed with a stick 3 whereas the co-accused who was armed with knife namely Kuldeep alias Pahru have assaulted the injured and the injured has suffered three incised wound on his person and there appears to be no injury caused by stick and case of the applicant is distinguishable from the said co-accused Kuldeep alias Pahru. It is stated that so far as the trial is concerned till date no prosecution evidence has been recorded. He would submit that the applicant is in jail since 25/12/2024, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel as also learned counsel for the complainant opposes the bail application. 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, considering the fact that the applicant was armed with a stick whereas the co-accused who was armed with knife namely Kuldeep alias Pahru have assaulted the injured and the injured has suffered three incised wound on his person and there appears to be no injury caused by stick and case of the applicant is distinguishable from the said co-accused Kuldeep alias Pahru, also considering the fact that two co-accused persons have already been granted bail by this court namely Dayalu Ram Markande in MCRC No.3073/2025 on 23/04/2025 and Rahul Kurre in MCRC No.3767/2025 on 20/05/2025, considering the fact 4 that till date no prosecution evidence has been recorded, period of detention of the applicant since 25/12/2024, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Devvrat Markande, involved in Crime No.503/2024 registered at Police Station Khairagarh, Police Outpost Jalbandha, District K.C.G. (C.G.) for the offence punishable under Sections 109(1) read with 3(5) 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 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. 5 (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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri