1 2025:CGHC:28584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4476 of 2025 1. Dinesh Yadav S/o Ratan Yadav Aged About 33 Years R/o Laau, P.S.- Rajpur, Distt.- Balrampur- Ramanujganj (C.G.) 2. Omprakash Yadav S/o Basdev Aged About 35 Years R/o Laau, P.S.- Rajpur, Distt.- Balrampur- Ramanujganj (C.G.) ... Applicant versus The State Of Chhattisgarh Through The Police Station- Rajpur, District- Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-Applicant/State : Ms. Ankita Sukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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.29/2025, registered at Police Station – Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 117(2), 109 and 3(5) of Indian Penal Code. 2 2 The case of the prosecution, in brief, is that complainant, namely, Bigan lodged First Information Report alleging that, on 10.02.2025 at about 06:00 PM, when he was returning to his house then he was received information that some unknown person has assaulted to victim Umesh Yadav at village Bhadar, thereafter, he went to village Bhadar and saw the victim Umesh Yadav who was alive thereafter, he lodged First Information Report in connection with Crime No. 29/2025 for offence punishable U/s 117(2) of B.N.S., during the investigation the Police has registered the offence punishable U/s 117(2), 109, 3(5) of B.N.S. against the unknown person. 3 It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submits that the FIR was registered against unknown persons and the injured, who was intoxicated, received injuries in some other manner and has implicated the applicant subsequently in a statement under Section 180 of BNSS. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been filed in this case and the applicant are in jail since 08.05.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that the injured, who was intoxicated, received injuries and as per the MLC report, there was a lacerated wound on left frontal region of neck and abrasion on right cheek and bleeding from nose, hence, he is not entitled for grant of bail. 5 I have heard learned counsel for the parties and perused the documents PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.28 17:35:21 +0530 3 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 the FIR was registered against unknown persons and the injured, who was intoxicated, received injuries in some other manner and has implicated the applicant subsequently in a statement under Section 180 of BNSS, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 08.05.2025, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 2 - Dinesh Yadav and Omprakash Yadav, involved in Crime No.29/2025, registered at Police Station – Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 117(2), 109 and 3(5) of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties each in the like sum 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 his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 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 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 Preeti