1 2025:CGHC:25058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4562 of 2025 1 - Chandrakant Nishad S/o Laxmiprasad Nishad Aged About 20 Years R/o Indira Nagar Riyapara, P.S. City Kotwali Raigarh Tah. And District - Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Thana In Charge P.S. City Kotwali District - Raigarh (C.G.) ... Respondent For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2025 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. 191/2025 registered at Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 3(5) of BNS (wrongly mentioned 294 and 115(3) in order). 2. Case of the prosecution, in brief, is that on 28.04.2025 at about 5 p.m. the present applicant alongwith other co-accused has assaulted the complainant and his friends. For the above reasons complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 10:06:37 +0530 2 has lodged the FIR in police station. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no specific allegation made against the present applicant and the injuries sustained by the injured/complainant are simple in nature. There is no eye witness of the case and. The applicant is in jail since 16.05.2025, the applicant has two previous criminal antecedents vide crime No. 635 of 2017, in which the present applicant has been acquitted and crime No. 172 of 2019, in which the present applicant has been convicted, charge- sheet has been filed and the trial is likely to take some time for its conclusion. 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. He also submits that the applicant has two previous criminal antecedents vide crime No. 635 of 2017, in which the present applicant has been acquitted and crime No. 172 of 2019, in which the present applicant has been convicted 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 offence, period of detention of the applicant since 16.05.2025, the fact that the applicant along with co-accused are said to have assaulted the injured who has suffered injuries on his neck and head are found to be simple in nature, the applicant and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Chandrakant Nishad, involved in Crime No. 3 191/2025 registered at Police Station City, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(2), 3(5) of BNS (wrongly mentioned 294 and 115(3) in order). , 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 opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall 4 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali