1 2025:CGHC:27040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4780 of 2025 1 - Pradip Rajak S/o Nathuni Ram Aged About 35 Years, 2 - Lalmohan S/o Nathuni Ram, Aged About 45 Years, 3 - Bhagwan Das S/o Lalmohan Aged About 23 Years, 4 - Dilip Rajak S/o Nathuni Rajak Aged About 40 Years all R/o Village - Kameshwarnagar, Police Station - Sanwal, District - Balrampur - Ramanujganj, (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station - Sanawal, District - Balrampur - Ramanujganj, (C.G.). ... Respondent For Applicants : Shri Akath Kumar Yadav, Advocate. For Respondent/State : Ms. Monika Thakur, PL. For complainant : Shri Aishwarya Diwan, Advocate appears on behalf of Sachin Nidhi, Advocate. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.24 17:24:48 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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 applicants who have been arrested in connection with Crime No.16/2025 registered at Police Station Sanawal, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5), 109 of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that, on 27.03.2025, the complainant namely Banshidhar Rajak has lodged written report at police Station Sanawal, stated that on 27-03-2025 at about 12:00 PM, the Patwari had come for spot inspection of the government land, this land is occupied by his father Chalitar Rajak, that due to land dispute applicants and complainant party were quarrelling and they have received injury. Thereafter the police station Sanawal registered the FIR a case as Crime no 16/2025 offence punishable under 296, 351(3), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 against the present applicants. After applicants were released on bail, that after long time of the incident under Section 109 of the Bharatiya Nyaya Sanhita, 2023 has been added & applicants were arrested, thereafter police have investigated the matter and Charge sheet has been already 3 filed before the learned court bellow. 3. Learned counsel for the applicants submits that there are cross reports of the incident, both sides have received injuries and it is stated that in the present case subsequently offence under Section 109 BNS have been added and there are three injured persons and one of the injured have received fracture on his parietal bone. He would submit that charge sheet has been filed, applicants are in jail since 21/04/2025, there is no criminal antecedents against the applicants and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in the present case before the competent court. 5. Learned counsel appearing for the complainant opposes the prayer for grant of bail. 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, considering the fact that there are cross reports from the both sides and both sides have received injuries and one of the person from the side of prosecution has received grievous injury, charge sheet has been filed, period of detention of the applicants since 21/04/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicants are entitled to be released 4 on bail in this case. 8. Let the Applicant No.1 Pradip Rajak, Applicant No.2 Lalmohan, Applicant No.3 Bhagwan Das and Applicant No.4 Dilip Rajak, involved in Crime No.16/2025 registered at Police Station Sanawal, District Balrampur - Ramanujganj (C.G.). for the offence punishable under Sections 296, 351(3), 115(2), 3(5), 109 of Bharatiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 5 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 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 them in accordance with law. 9. 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