1 2025:CGHC:32151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4518 of 2025 • Govind Minj S/o Banssai Minj Aged About 35 Years R/o Village- Sargawan, P.S. Gandhinagar, Tahsil - Ambikapur District- Sarguja Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station Gandhinagar, Ambikapur District- Sarguja Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Sangeeta Soni, Advocate For Respondent : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 187/2025 registered at Police Station Gandhinagar, Ambikapur District- Sarguja (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 109(1) of BNS. 2. The case of the prosecution, in brief, is that the complainant has made report to concerned police station Gandhinagar, Ambikapur that on the 1413-24-date of incident i.e. 5.30 p.m., there was simple dispute in between the accused persons and injured person and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 thereafter, the accused persons have committed marpeet with injured person by hand and fist and as result of the same, the injured person was received simple injuries. Based upon such report, the police has registered the offence punishable under section 296, 351 (3), 115 (2), 109(1), 3(5) of B.N.S. at crime no. 187/2025 against the present applicant and other accused person. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that only on the basis of merely suspicious and creating dispute in between the applicant and injured person, the applicant have falsely been involved in the case, but the applicant have not assaulted to injured person. He also. He further submits that applicant has no previous criminal antecedent and the applicant is in jail since 10.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicant has no previous criminal antecedent. She further submits that accused person has committed marpeet with injured person by hand and fist and as result of the same, the injured person was received injuries and as per NCCT Brain report, injury was found over the head of the injured. 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 applicant, looking 3 to the injury found over the body of the injured and the applicant is in jail since 10.04.2025, further the conclusion of the trial may take some more time, detention period of the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Govind Minj, involved in Crime No. 187/2025 registered at Police Station Gandhinagar, Ambikapur District- Sarguja (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 109(1) of BNS, 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 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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali