1 2025:CGHC:23847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4436 of 2025 Nageshwar Nishad S/o Santosh Nishad Aged About 21 Years R/o Village Chamari, Police Station Nandghat, District Bemetara Chhattisgarh ... Applicant versus The State of Chhattisgarh Through Police Station Nandghat, District Bemetara Chhattisgarh ... Non-applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, 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. 17/2025 registered at Police Station Nandghat, District Bemetara (C.G.), for the offences punishable under Sections 281, 296, 351(3), 115(2), 3(5), 109(1), 324(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the victim lodged a written report stating that on 07.02.2025, while he was sitting in the courtyard, Gangu Chouhan parked his vehicle at the Kotwar's house. When the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:09:09 +0530 2 victim's brother arrived on his motorcycle, Gangu Chouhan reversed his vehicle rashly and dashed into the motorcycle. This led to a heated argument between both parties, involving filthy language, and the applicant allegedly committed the incident using a deadly weapon, resulting in several injuries to the victim. Consequently, the concerned police registered a crime under Sections 281, 296, 351(3), 115(2), 3(5), 109(1), and 324(2) of the BNS. The accused persons were arrested during the investigation. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the free fight incident has been done between the parties and the applicant had not committed marpeet with the victim with any weapon, the victim was found the injury due to fall down. He also submits that the applicant is innocent and neither has any previous antecedents nor he has nay previous grudges with the victims. He further submits that the other co-accused person, namely, Dashoda Chouhan in MCRC No. 1801 of 2025 has already been granted regular bail vide order dated 11.04.2025 and the applicant is in jail since 19.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has assaulted the complainant along with 03 other persons, out of which the victim, namely, Komal Singh Chouhan has suffered grievous injury, therefore, the applicant not is entitled for grant of regular bail 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 further the fact that though the allegation against the applicant is that he has assaulted the complainant along with 03 other persons, out of which the victim, namely, Komal Singh Chouhan has suffered grievous injury, but according to the query report of the injured, no internal injuries were found, also considering the fact that the applicant has no criminal antecedents and the charge - sheet has already been submitted in the present case before the competent Court, the applicant has been in jail since 19.02.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Nageshwar Nishad, involved in Crime No. 17/2025 registered at Police Station Nandghat, District Bemetara (C.G.), for the offences punishable under Sections 281, 296, 351(3), 115(2), 3(5), 109(1), 324(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through 4 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek