1 2025:CGHC:25416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4607 of 2025 Ravi Yadav, Aged About 35 Years, S/o Vijay Yadav R/o Jaamtoli, Post - Kolhenjhariya, Thana - Tumla, District - Jashpur Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Tumala, Distt. Jashpur Chhattisgarh ... Respondent For Applicant : Shri Neeraj Mehta, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. For complainant : Shri Arham Siddiqui, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 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 applicant who has been arrested in connection with Crime No.21/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.19 17:17:27 +0530 2 Tumla, Jashpur (C.G.) for the offence punishable under Sections 307, 341, 427 of IPC. 2. Case of the prosecution, in brief, is that on 27.03.2024 at about 6:00 pm when the Pitamber Ram was going to his house Jamtoli, then near Atal Chowk his cousin present applicant stopped him and there was some quarrel took place between them regarding land dispute and further it has been alleged that the applicant assaulted him with the means of Axe. And also broken his motorcycle. Upon this the FIR has been lodged against the applicant. 3. Learned counsel for the applicant submits that that the injured is the cousin brother of the applicant and the applicant is said to have assaulted him with chapad though the injury has been sustained by him on his chest and the injury has been found to be grievous but as per the X ray report of the said injured, no abnormality was deducted. He would submit that the applicant is in jail since 21/01/2025, charge sheet has been filed and conclusion of trial will take some time, 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 before the competent court. She would submit that there is one previous case against the applicant which is of preventive nature. 3 5. Learned counsel for the complainant vehemently opposes the prayer for grant of bail and submitted that the injured has suffered injury on his chest though it was found to be grievous but as per the argument raised by learned counsel for the applicant that no abnormality was deducted in the X ray, he could not dispute the same but he states that the family members of the injured apprehends that if the applicant is released on bail, there is apprehension of danger to their life. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Ravi Yadav, involved in Crime No.21/2024 registered at Police Station Tumla, Jashpur (C.G.) for the offence punishable under Sections 307, 341, 427 of IPC., 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 4 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 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. 9. However, this Court hopes and trusts that the trial Court shall 5 make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. 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 gouri