1 2025:CGHC:5332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 173 of 2025 Aakash Sagar S/o Himmat Lal Sagar Aged About 21 Years R/o Bajaj Colony, Rajiv Pandey Nagar, Thana Rajendra Nagar, Raipur, Tahsil / District Raipur Chhattisgarh. ... Applicant(s) versus The State Of Chhattisgarh Through S.H.O., Police Station New Rajendra Nagar, District Raipur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Samir Singh, Advocate For Respondent(s) : Ms. Subha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 343 of 2024 registered at Police Station New Rajendra Nagar, District Raipur (C.G.), for the offence punishable under Sections ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.30 10:55:01 +0530 2 126(2), 296, 351(3), 115(2), 3(5), 118(1) of the BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant namely Yogendra Sahu lodged the report on 25.08.2024 that on 24.08.2024 the present applicant along with one other has stopped him and abused and assaulted him with one another Jogendra Bag with hands and fits and thereafter they ran away. On the basis of the said complainant, police registered the case against the applicant for the abovementioned offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature. Further, so far as criminal antecedents of the applicant is concerned, though the applicant is having a record of 4 criminal antecedents, but all of them are old and stale out of which, two have already been disposed of. He lastly submits that the applicant is in jail since 12.09.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has 4 preivous criminal antecedents which itself shows that applicant is a habitual offendor. 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 applicant and the fact that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature and further so far as criminal antecedents of the applicant is concerned, though the applicant is having a record of 4 criminal antecedents, but all of them are old and stale out of which, two of the cases have already been disposed of. Further, the applicant is in jail since 12.09.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, hence I am inclined to allow this application. 7. Let applicant, Aakash Sagar, involved in Crime No. 343 of 2024 registered at Police Station New Rajendra Nagar, District Raipur (C.G.), for the offence punishable under Sections 126(2), 296, 351(3), 115(2), 3(5), 118(1) of the BNS and Section 25, 27 of Arms Act, 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek