1 2025:CGHC:27044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4764 of 2025 1 - Parsadi Tandon S/o. Lt. Foolchand Tandon Aged About 72 Years R/o. Village - Parsahi Bhatapara, P.S. Utai, District - Durg (C.G.) 2 - Shyama Bai Tandon W/o. Parsadi Tandon Aged About 65 Years R/o. Village - Parsahi Bhatapara, P.S. Utai, District - Durg (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Utai, District - Durg (C.G.) ... Respondent For Applicants : Shri Aman Pandey, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.24 17:26:12 +0530 2 grant of regular bail to the applicants who have been arrested in connection with Crime No.162/2025 registered at Police Station Utai District Durg (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1), 109, 190, 191(2), 191(3) of BNS 2023. 2. Case of the prosecution, in brief, is that, complainant lodged a Complaint alleging that on 02.05.2025 at around 6:30 PM when he was talking to his father near Bajrangbali mandir when the applicant and co-accused persons came there and on account of their previous enmity started abusing and assaulting the victim complainant. It is alleged that due to the said incident, victim, his wife, mother, father and nephew were also injured, therefore the present FIR under the sections mentioned above was registered against the present applicants and co-accused persons. It is pertinent to note here that the Police, after completion of investigation, has filed charge-sheet before the Ld. Court below on 06.06.2025. That pursuant to the aforesaid incident, an FIR was also lodged by the Applicant's family against the Complainant in the present FIR which clearly indicates that the present FIR is a counter blast. 3. Learned counsel for the applicants submits that the applicants alongwith his son have been made accused in the present case and out of the four injured, three have received simple injury and one has received grievous injury and so far as applicants are concerned, they are parents of co-accused person. He would 3 submit that applicant No.1 is aged 72 years and applicant No.2 is aged about 65 years. He would submit that charge sheet has been filed, applicants are in jail since 3/05/2025, there is no criminal antecedents against the applicants and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in the present case before the competent court and there is no previous criminal antecedent against the present applicants. 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, considering the fact that applicant No.1 is aged about 72 years and applicant No.2 is aged about 65 years, there is no criminal antecedents against the applicants, period of detention of the applicants since 3/05/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant No.1 Parsadi Tandon and Applicant No.2 Shyama Bai Tandon, involved in Crime No.162/2025 registered at Police Station Utai District Durg (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1), 109, 190, 191(2), 191(3) of BNS 2023, be released on bail on each of them 4 furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 Section 351 of BNSS. If in the opinion of the trial court absence of the applicants 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 them 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 gouri