1 2025:CGHC:35553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4703 of 2025 Akash Kesharwani S/o Heera Lal Aged About 23 Years R/o Bharatmata, Chowk, Laxmi Nagar, Supela Bhilai, District Durg (C.G. ) ... Applicant versus State of Chhattisgarh Through P.S. Supela Bhilai, Dist. Durg Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 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. 381/2025 registered at Police Station – Supela, District Durg (C.G.) offence under Sections 109(1), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Bharat Giri, a resident of Gautam Nagar, Supela, and engaged in the occupation of AC repairing, lodged a report on 13.04.2025 regarding a violent incident that had occurred on the preceding night. On 12.04.2025, at around 20:45, a bhandara and prasad distribution program was taking place in his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.24 11:28:25 +0530 2 neighbourhood on the occasion of Hanuman Jayanti. Bharat, along with Sandeep Baghel and Nikhil Kamde, was helping distribute prasad at the venue. During the event, three persons—Chinna alias Sachin Sonkar, Bhola Chauhan, and Akash Kesharwani—arrived at the spot on a scooter driven by Akash. They began abusing people in filthy language, creating a disturbance. When Sandeep Baghel tried to stop them, the accused Akash physically assaulted him by punching him and dragging him while holding him from behind. Thereafter, the accused Bhola Chauhan took out a knife, waved it in the air, and attacked Sandeep with a clear intention to kill. He struck Sandeep on his left wrist, causing a serious injury. Simultaneously, the accused Chinna alias Sachin Sonkar also attacked Sandeep with another knife, stabbing him near the upper part of his right arm, which resulted in substantial bleeding. It is alleged that had Sandeep not defended himself during the assault, the injuries could have been fatal. After the attack, all three fled the scene on the same scooter. Based on Bharat Giri’s complaint, Supela Police registered an FIR against the accused under Sections 3(5), 109(1), and 296 of the Bharatiya Nyaya Sanhita, 2023. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that NO specific injury is attributed to the applicant. The alleged assault causing bleeding injuries has been committed by the other co-accused as per the FIR. He also submits that there is no recovery made at the instance of the applicant. The knife or any incriminating material has not been recovered from his possession. He further submits that the applicant has no criminal antecedents and he is in jail since 13.04.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, the 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, along with other co- accused persons, allegedly assaulted the injured with a knife and with hands and fists, due to which he suffered grievous injuries. Therefore, the applicant is not entitled to the 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 and from the perusal of the case diary as well as the medical report of the injured, it transpires that the 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 13.04.2025, 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 – Akash Kesharwani, involved in Crime No. 381/2025 registered at Police Station – Supela, District Durg (C.G.) offence under Sections 109(1), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 4 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 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 Abhishek