1 2025:CGHC:36199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4510 of 2025 Jagendra Tandan S/o Shri Puran Lal Tandan, Aged About 22 Years R/o Village - Somani, Police Station - Somani, Tahsil And District - Rajnandgaon (C.G.) --- Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Station - Somani, District - Rajnandgaon (C.G.) --- Respondent(s) MCRC No. 4655 of 2025 Harish Kumar Chelak, S/o Shri Biselal Chelak, Aged About 27 Years, R/o Village Somni, Police Station Somni, Tahsil And District Rajnandgaon Chhattisgarh. ---Applicant Versus State of Chhattisgarh, Through The Station House Officer, Police Station Somni District Rajnandgaon Chhattisgarh. --- Respondent(s) (Cause Title taken from Case Information System) For Applicants : Mr. Dashrath Kushwaha, Advocate. For Respondents /State : Ms. Monika Thakur, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. These are the First bail applications 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 Digitally signed by AMIT PATEL 2 with Crime No.80/2025 registered at Police Station- Somni, District- Rajnandgaon (C.G.) for offence under Sections 296, 115(2), 351(3) 109(1), 190, 191 (2), 191 (3) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant had filed a complaint before the Police Station, District- Rajnandgaon (C.G.) alleging therein that he was working in the Jaspal Company Tedesara with Nagesh Gautam and Bhavesh Rajput and when he was going along with them to attend the duty by walk, at that time the co-accused persons Dilesh, Dhananjay, Komal, who were standing near the Jaspal Company abused him filthily, threatened to kill him and beaten him with an intention to kill. The accused Harish had assaulted the complainant by blade on different part of his body and the accused Jagendra Tandan assaulted the acquaintance of the complainant viz. Bhavesh Rajput by metal bracelet. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case, the applicants have not committed any offence for which they have been arrested and charge. It is also argued by the learned counsel for the applicant that the applicants have no criminal antecedents, the applicants are in jail since 26.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that the charge- sheet has been filed in the present case before the competent Court. She further submits that the applicants assaulted the injured two persons with metal bracelet and blade and they have sustained injuries which was found grievous, but not found to be dangerous to life and no internal damages has been found. 3 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 allegation levelled against the applicants and though the applicants assaulted the two injured persons with metal bracelet and blade, they have sustained injuries which was found grievous, but the injuries were not found to be dangerous to life as no internal damages has been found and applicants have no criminal antecedents, they are in jail since 26.04.2025 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant- Jagendra Tandan in MCRC No. 4510/2025 and Applicant- Harish Kumar Chelak in MCRC No. 4655/2025 involved in Crime No.80/2025 registered at Police Station Somni, District Rajnandgaon (C.G.) under Sections 296, 115(2), 351(3) 109(1), 190, 191 (2), 191 (3) of BNS, 2023., be released on bail on their furnishing 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 him 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 4 under Section 84 of BNSS. is issued and the applicants fails 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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-d/ (Ramesh Sinha) Chief Justice AMIT PATEL