1 2025:CGHC:4710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 567 of 2025 Ramzan Ali S/o Noor Mohammad Aged About 37 Years R/o Ara Sarnapara, Out Post - Bario, P.S. - Rajpur, Distt. Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Out Post- Bario, P.S.- Rajpur, Distt. Balrampur-Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer For Objector : Mr. Saurabh Pandey, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2025 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. 80/2024 registered at Out Post- Bario, Police Station- Rajpur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325, 302 of Indian Penal Code. (for short ‘IPC’). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.29 10:43:29 +0530 2 2. Case of the prosecution, in brief, is that on 23.02.2024, the complainant, Mohammad Reyaz, lodged a report stating that on the same day at about 07:00 AM, a dispute arose regarding the connection of a water pipe under the Nal Jal Yojna in front of his house. Due to this dispute, the present applicant and 10 other individuals allegedly entered his house and assaulted him and his family members. As a result of the assault, his grandfather, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury to his leg. Based on this report, the concerned police registered an FIR against the present applicant and 10 others under Sections 294, 506, 323, 147, 148, 452 and 427 of the IPC. The injured person was admitted to the Government Hospital in Ambikapur and was taken home by his family members on 26.02.2024. After completing the investigation, the prosecution filed a charge sheet on 09.03.2024 against the applicant and 10 others under Sections 294, 506, 323, 147, 148, 452, 427, and 325 of the IPC. Subsequently, on 26.03.2024, the injured person, Navi Miyan, passed away at home. Following this, the prosecution filed an additional charge sheet, adding Section 302 of the IPC against the present applicant and the 10 others. 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 the applicant has not assaulted the injured on his leg, as the said act was attributed to co-accused Firdosh Alam. It is stated that the injured, aged about 100 years, died in the hospital after one month due to an infection that 3 developed as a result of the injury sustained on the leg of the deceased. He further submits that the applicant is in jail since 06.12.2024, the applicant has no criminal antecedent, 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 appearing for the respondent/State as well as learned counsel for the objector opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant and 10 other persons allegedly entered complainant house and assaulted him and his family members. As a result of the assault, his grandfather, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury on his leg, therefore, the applicant is not entitled for grant of bail. 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 06.12.2024, the fact that though the present applicant and 10 other individuals allegedly entered his house and assaulted him and his family members, as a result of the assault, his grandfather, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury to his leg, but the said act was attributed to co-accused Firdosh Alam, further the case of present applicant is distinguishable from that of the co-accused Firdosh Alam, who committed the said act, the applicant has no criminal antecedent 4 and as per the MLC, the cause death is infection and the deceased was suffering many diseases and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Ramzan Ali, involved in Crime No. 80/2024 registered at Out Post- Bario, Police Station- Rajpur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325, 302 of Indian Penal Code, be released on bail on furnishing 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 sufÏcient 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 5 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 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 Rahul Dewangan