1 2025:CGHC:23828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4461 of 2025 1 - Lala Thakur Alias Radheshyam Manjhi S/o Ramji Manjhi Aged About 60 Years R/o Village Bhalukon, P S And Tehsil Komakhana, District Mahasamund (C.G.) 2 - Shivnarayan Manjhi Alias Shiva S/o Birsingh Manjhi Aged About 47 Years R/o Village Bhalukona, P S And Tehsil Komakhan, District Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Chowki Tuhlu, Police Station Komakhan, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shubhank Tiwari, Advocate. For Respondent(s) : Mr. Amit Verma, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 50/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Komakhan, District Mahasamund (C.G.) for the offence punishable under Sections 296, 115(2), 3(5), 109, 238(a) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant's father lodged an FIR alleging that his son, Deepak Tandi, was assaulted by Lomesh Thakur and Kanak Thakur on 20.03.2025. As a result, Deepak Tandi was admitted to Soham Hospital for treatment. The FIR further states that Deepak Tandi narrated the incident to his father, who then reported it to the concerned Police Station. After recording the memorandum statements of the co-accused persons, the present applicants were implicated as accused in the case and subsequently, they were arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that present applicants are not named in the FIR, the persons who are named in the FIR are Lomesh Thakur and Kanak Thakur. He also submits that name of present applicants have come into light during the course of investigation from the statement of injured recorded under Section 180 of BNSS and as per the said statement, the injuries caused on the head of the injured were allegedly inflicted by co-accused Lomesh Thakur, so far as present applicants are concerned, they were merely present at the scene of the incident alongwith other co- accused persons. The applicants are in jail since 19.04.2025, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have allegedly assaulted the injured, Deepak Tandi, as a result of which, Deepak Tandi was admitted to Soham Hospital for treatment, therefore, present applicants are 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, nature and gravity of offence, period of detention of the applicants since 19.04.2025, the fact that though the applicants are alleged to have assaulted the injured, Deepak Tandi alongwith other co- accused persons, but as per statement of injured recorded under Section 180 of BNSS, it transpires that the head injury caused on the head of the injured were allegedly inflicted by co-accused Lomesh Thakur, so far as present applicants are concerned, the only allegation against them is that they were only present at the time of incident alongwith other co-accused persons, as such, the case of present applicant is distinguishable from that of the co- accused who assaulted the injured, further they have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Let the Applicants-Lala Thakur Alias Radheshyam Manjhi and Shivnarayan Manjhi Alias Shiva, involved in Crime No. 50/2025 registered at Police Station Komakhan, District Mahasamund (C.G.) for the offence punishable under Sections 296, 115(2), 3(5), 109, 238(a) of BNS, be released on bail on their 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil