1 2025:CGHC:39273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4629 of 2025 Raju @ Lallu Agariya S/o Besahan Agariya Aged About 32 Years R/o Lapta, Tikara Tola, Post Office Lapta, Tahsil Jaitahari, Lapta Anuppur (M.P.).. ...Applicant versus State Of Chhattisgarh Through Police Station Marwahi, District Gaurela Pendra Marwahi Chhattisgarh. ... Non-applicant For Applicant : Mr. Bharat Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2025 registered at Police Station : Marwahi District – Gaurela Pendra Marwahi (C.G.) for the offence punishable under Sections 324(4), 121(1) of BNS 2023. 2. The case of the prosecution, in brief is that a complaint was lodged by VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:01 +0530 2 the Kotwar namely Santhkumar Yadav on the ground that he was discharging his duty on 14.01.2025 and at around 10 AM a vehicle bearing No. M.P. 18 GA 6074 carrying paddy and rice coming from Madhya Pradesh was stopped by the complainant to check the documents whereby the applicant who was driving the said vehicle started hurling abuses to the complainant and threatened the complainant to step aside from the road and threatened him for life, on asking for the documents by the complainant the applicant reversed his vehicle for near about 20 meters and drove right onto the face of the complainant in full speed thereby breaking the barrier (check post) and tried to kill the complainant, as a result the complainant jumped off the road to save himself and suffered injuries on his knee, elbow and neck. 3. The applicant has been falsely implicated in the present case and has not committed any offence punishable with death or life imprisonment. He was arrested on 01.05.2025 and has no previous criminal record. The allegations made in the FIR are not supported by any medical evidence, as no MLC report has been submitted to prove that the complainant suffered any injuries. There is also no proof of damage to the barricade, which weakens the prosecution's case. For an offence under Section 109(2) of the BNSS to be made out, injury is a necessary element, which is missing in this case. Similarly, Section 121(1) is not attracted, as no hurt was caused. The fact that the applicant had stopped to talk with the Kotwar shows he had no intention to cause harm. He is the only earning member of his family, and his continued detention is causing them financial hardship. 3 Therefore, in the absence of any strong evidence, and considering his clean record, the applicant is entitled to be released on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 01.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Raju @ Lallu Agariya, involved in Crime No. 09/2025 registered at Police Station : Marwahi District – Gaurela Pendra Marwahi (C.G.) for the offence punishable under Sections 324(4), 121(1) of BNS 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav