1 2025:CGHC:25061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4554 of 2025 Pradeep Kujur S/o Bhinset Kujur Aged About 53 Years R/o Village- Dobh, Tahsil And Police Station- Duldula, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Duldula, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Harish Khuntiya, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 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. 07/2025 registered at Police Station Duldula, District Jashpur (C.G.), for the offences punishable under Sections 296, 351(3), and 109 of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story in brief, it is alleged that the applicant has VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.18 18:28:34 +0530 2 abused and assaulted with the injured Desi Bai and Lachchhu Ram with the help of axe, due to which, they received grievous head injury. The incident was reported before the Police Station, Duldula, where the aforesaid offences have been registered against the applicant. 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 applicant has not inflicted any grievous hurt upon the injured persons with intention to kill them. The injured have not received any grievous hurt, which may cause death in ordinary course and he further submits that applicant is sole bread earing member of his family and his per-trial long detention will adversely affect his family members to run livelihood. He further submits that the applicant is in jail since 08.02.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present 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’s which is grievous in nature, therefore, he not is entitled for grant of regular bail in the present case. 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 the injuries which was sustained by the applicant was simple in nature as per the opinion of the doctor but the doctor has further opined that the death could have been resulted on account of excessive bleeding when a proper treatment was not given in time. 3 Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court, and the applicant has been in jail since 08.02.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pradeep Kujur involved in Crime No. 07/2025 registered at Police Station Duldula, District Jashpur (C.G.), for the offences punishable under Sections 296, 351(3), and 109 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 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, 4 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 Vaibhav