1 2025:CGHC:2063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 262 of 2025 Pawan Sahu S/o Santosh Sahu Aged About 30 Years R/o Village- Kusmi, Gaura Gauri Chowk, P.S.- Palari, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Palari, District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Dr. Arpit Lall, Advocate along with Mr. Ayush Lall, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 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. 498/2024 registered at Police Station – Palari, District Balodabazar (C.G.) offence under Sections 115(2), 351(2), 118(1), 118(2) of the Bhartiya Nyaya Sanhita, and Section 25 and 27 of the Arms Act. 2. The prosecution's case, as summarized, is that the complainant filed a report at Palari Police Station against the present applicant, alleging that on November 2, 2014, at approximately 6:30 p.m., the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.14 10:34:54 +0530 2 applicant was roaming in Bazar Chowk, carrying a knife. When the complainant attempted to stop him, the applicant hurled obscene abuses at the complainant's mother and sister. Furthermore, when Dilip Sahu tried to intervene, the applicant allegedly stabbed him in the right hand with the knife, causing serious injury. Based on the complainant's report, an offense was registered against the applicant under Sections 115(2), 351(2), 118(1), and 118(2) of the BNS, as well as Sections 25 and 27 of the Arms Act. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that the applicant and the complainant are neighbours, and the injuries sustained by the injured person are of a simple nature. He further submits that the present applicant is in jail since 02.11.2024, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant allegedly assaulted the injured with knife, due to which he suffered grievous injuries, therefore, he 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 that the applicant and the complainant are neighbours, and the 3 injuries sustained by the injured person are on a non-vital part of the body. Moreover, the charge-sheet has been filed before the competent Court and he is in jail since 02.11.2024, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pawan Sahu, involved in Crime No. 498/2024 registered at Police Station – Palari, District Balodabazar (C.G.) offence under Sections 115(2), 351(2), 118(1), 118(2) of the Bhartiya Nyaya Sanhita, and Section 25 and 27 of the Arms Act, be released on bail on his 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, 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek