1 2025:CGHC:29124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4305 of 2025 Aman Kumar Banjare S/o Salikram Banjare Aged About 20 Years Resident Of Riddhi Siddhi Lotus Park, Phase-Ii, Boriyakala, District Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Mujgahan, District Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Rahil Arun Kochar, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri 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 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 106 of 2025 registered at Police Station : Mujghan, District – Raipur (C.G.) for the offence punishable under Section 109,191(2), 191(3),296,331(2), & 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. That, as per the prosecution story is that on 19.05.2025 complainant namely Pankaj Singh has lodged a written complaint in Police Station Mujghan District Raipur alleging that on 17.05.2025 then appellant was coming back at his house, the applicant along with his friends asked for Rs. 500/- as donation, when the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.01 18:13:07 +0530 2 refused there was quarrel between parties and applicant along with co-accused has assaulted the complainant from hand, fist and legs, the complainant has sustained minor injuries on face and chest, the FIR was lodged under Section 109, 191(2), 191(3), 296, 331(2), 351(2) of BNS Act. and the applicant was arrested on 19.05.2025 by Police Station Mujghan. Hence this bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that he applicant has no used any weapon or here was no per-meditation on the part of applicant, there was sudden quarrel between the parties which resulted in the fight between them. He further submits that the complainant has not sustained any grievous injuries and just to put pressure on the applicant a false and concocted case has been registered and there is delay of 2 days in lodging the FIR whereas the incident took place on 17.05.2025 in which the police station is just 8 kilometers away from the place of incident whereas the FIR was lodged on 19.05.2025 prosecution has failed to explained the delay of lodging the FIR. As per the MLC conducted by the doctor there is injury which is fatal and he is in jail since 19.05.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the facts and circumstances of the case, that the injury sustained by the applicant is simple in nature and further the fact that the present applicant has no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case and he has been in jail since 19.05.2025, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Aman Kumar Banjare, involved in Crime No. 106 of 2025 registered at Police Station : Mujghan, District – Raipur (C.G.) for the offence punishable under Section 109,191(2), 191(3),296,331(2), & 351(2) of the Bhartiya Nyaya Sanhita, 2023., be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav