1 2025:CGHC:30015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4601 of 2025 • Ankit Rathore S/o Late Atit Rathore Aged About 23 Years R/o Dumriha Talab Para, Janjgir, Ward No. 12, Police Station Janjgir, District Janjgir Champa (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Janjgir District Janjgir Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. F.S. Khare, Advocate For Respondent : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2025 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.237/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) under Section 115(2), 296, 331(6), 351(2), 324(4), 112(2), 3(5) of BNS. 2. Case of the prosecution is in a nutshell that on 22.03.2025 the complainant namely Varun Kahra has lodged written report VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 against the present applicant and other co-accused person stating that they entered his house and committed marpeet with the help of rod and tangi and started using filthy language on 22.03.2025. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and applicant has not assaulted the complainant. He also submits that as per the statement of complainant, the dispute took place as the complainant has not refunded the load amount of Rs.30,000/- to the present applicant. He further submits that the applicant is having previous criminal antecedents in The applicant submits that except above case no other case/crime is registered against him and he is in jail since 30.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the applicant is having previous criminal antecedents in crime no. 529/2023 & 112/2023 at PS Janjgir have been registered. The crime no. 112/2022 is wrongly mentioned in the impugned order, the correct crime no. 112/2023. The learned court below has wrongly mentioned in the impugned order that crime no. 418/2020 was also registered against the applicant. The applicant has been acquitted in Crime No. 112/2023. The Crime No. 529/2023 is registered as Misc. Criminal Case No. 271/2024 before the 3 learned court below and this case is pending. The applicant submits that except above cases no other case crime is registered against him, therefore, he is not entitled for grant of bail. 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 and considering the MLC report injuries received by the injured are simple in nature, trial is likely to take some time for its conclusion, he is in jail since 30.04.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Ankit Rathore, involved in Crime No.237/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) under Section 115(2), 296, 331(6), 351(2), 324(4), 112(2), 3(5) of BNS, be released on bail on his furnishing 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. 4 (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. (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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali