1 2025:CGHC:23846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4431 of 2025 Chirag @ Laxmichand Sahu S/o Late Pahru Sahu Aged About 28 Years R/o Ranisagar, Police Station - Arang, District - Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Arang, District - Raipur Chhattisgarh ---- Non-applicant(s) For Applicant : Mr. Krishna Kumar Dewangan, Advocate For Non-Applicant : Mr. Shubham Bajpayee, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/06/2025 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. 718/2024 registered at Police Station Arang, District- Raipur (C.G.) for the offence punishable under Section 109 of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief is that the complainant Shivnarayan Sahu lodged a report before the concerned Police Station to the effect that on 21.11.2024, the applicant has assaulted KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the injured Lakhan Lal Sahu (uncle of the complainant) by belt, due to which, Lakhan Lal Sahu has received head injuries. On the basis of above report, the offence under Section 109 of B.N.S. has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. He further submits that the applicant has not inflicted any grievous injury over the injured Lakhan Lal Sahu with intention to kill him. He also submits that no such grievous hurt has been received upon the injured, which may cause his death in ordinary course and the injuries received upon the injured were simple in nature and he has been cured from injuries within short period. He further submits that the applicant has no previous criminal record and the applicant is in jail since 22.11.2024 and in the present case, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant is alleged to have assaulted the injured with a belt, as a result of which the injured sustained head injuries. However, the injuries were found to be simple in nature. As per the query report, it has also been opined that if the injury had not been attended to promptly, the consequences could have been serious. As such, this Court not inclined to grant bail to the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 investigation has already been completed and charge-sheet has been filed before the competent Court further, the injuries were found to be simple in nature and the applicant is in jail since 22.11.2024 and in the present case, charge-sheet has been filed before the competent Court thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Chirag @ Laxmichand Sahu, involved in Crime No. 718/2024 registered at Police Station Arang, District- Raipur (C.G.) for the offence punishable under Section 109 of Bhartiya Nyaya Sanhita, 2023, 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. (iii) In case, the applicant misuses the liberty of bail during 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal