1 2025:CGHC:25424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4586 of 2025 1 - Dhananjay Yadav S/o Badri Yadav Aged About 33 Years R/o Village Pantora, District- Janjgir- Champa (C.G.). 2 - Mahavir Kumar Shahi S/o Balindra Shahi Aged About 35 Years Village Devpura, District Saran (Bihar). ... Applicants versus State Of Chhattisgarh Through- S.H.O. Of The Police Station- Gharghoda, District- Raigarh (C.G.). ... Non-applicant For Applicant : Mr. Abhishek Saraf and Mr. Rakesh Behra, Advocates For Res/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2025 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. 121 of 2025 registered at Police Station Gharghoda, District-Raigarh (C.G.), for the offences punishable under Sections 286, 351(2), 115(2), 324(4), 2 3(5) and 109(2) of the BNS. 2. According to the prosecution's story, the applicants were doing their job as supervisor of Ashok Mittal Company NTPC Tilaipali Project in Premises of NTPC, Tilaipali Road Extension Area. At around 8.57 pm, the complainant- Uttar Kumar Gupta came in the place of incident and staring quarreling with the applicants to stop the work. The complainant not only assaulted the applicants, but they interfered and the stopped their work as well thereafter, the said incident was reported by the present applicant. As a counter blast, the false story narrated by the complainant and lodged the FIR against the applicants and the offence under Section 286, 351(2), 115(2) read with Section 3(5) of BNS was registered and Section 109(2) was subsequently added. During the investigation, the accused persons were arrested. Hence this bail application. 3. Learned counsel for the applicants would submit that the applicants are the innocent persons and they have been falsely implicated in the offence in question. They would submit that applicant No. 1 is stated to have assaulted with a Rod and applicant No. 2 with a danda but the injuries sustained by the complainant are simple in nature. They also submits that the present applicants have no criminal antecedents and they are in jail since 16.05.2025, conclusion of the trial may take some time, therefore, they pray for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge -sheet has already been submitted before the competent Court in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that though the weapon of assault were the rod and danda but the injuries caused by the complainant were simple in nature, moreover, the present applicants have no criminal antecedents. Furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicants have been languishing in jail since 16.05.2025, conclusion of the trial may take some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant No.1- Dhananjay Yadav and applicant No. 2- Mahavir Kumar Shahi, involved in Crime No. 121 of 2025 registered at Police Station Gharghoda, District-Raigarh (C.G.), for the offences punishable under Sections 286, 351(2), 115(2), 324(4), 3(5) and 109(2) of the BNS, be released on bail on furnishing 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 4 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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/- Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.19 20:14:56 +0530