1 2025:CGHC:32685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5035 of 2025 Anil Nihal, S/o. Dilip Nihal, aged about 25 years, R/o. B.S.U.P. Housing Board Colony, Kachna Raipur, P.S.- Khamhardih, Chhattisgarh. --- Applicant versus State Of Chhattisgarh : Through The Station House Officer, Police Station- Tikrapara, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Aniket Dumbhare with Ms. Sejal Makkad, Advocates For Respondent-State : Mr. Triveni Shankar Patel, P.L. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/07/2025 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 87/2024 registered at Police Station – Tikrapara, Raipur, District Raipur (C.G.) for offence punishable under Sections 506 (2), 307, 120-B of I.P.C. and Section 25, 27 of Arms Act. First bail application of applicant was dismissed on merits vide order dated 09.05.2024 in MCRC No. 2915/2024. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.07.17 11:26:32 +0530 2 2. Case of prosecution in brief is that father of victim lodged report in the concerned police station on 02.02.2024 alleging that on 01.02.2024 at about 10:30 pm applicant abused and assaulted his son by means of sharp edged article, due to assault, he suffered grievous injuries over his person. Based on the report, aforementioned crime was registered and applicant was arrested. 3. Learned counsel for applicant submits that this repeat bail application has been filed on the ground of delay in trial. He further contended that sole eye-witness father of injured has now been examined before the learned trial Court and he has not supported the case of the prosecution. Copy of the deposition is filed as Annexure A-3. He also contended that victim has not been arrayed as prosecution witness in the list of witness as forming part of the charge-sheet. Applicant is in jail since 03.02.2024 and thereby he has completed about more than one year and three months in jail. Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that there are allegation against applicant of assaulting the victim by means of knife. Upon posing query to learned State Counsel with regard to submission made by learned counsel for applicant with regard to not naming the victim as witness in the list of prosecution witness, he submits that as per direction issued by this court, he has verified it from the concerned police station and it has been informed that victim has also been made accused in the instant crime for the alleged offence under Section 120- B of I.PC.. He however do not dispute the submission of learned 3 counsel for applicant that till date only one witness has been examined in trial. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for respective parties, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. 4 (d) 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE Balram