1 2025:CGHC:3728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 571 of 2025 Ajij Khan Alias Bhondu S/o Late Mohammad Aamir Aged About 37 Years R/o Bajiran Mahrapara, Raigarh Tehsil And District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Jutemile District Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 397/2024, registered at Police Station : Jutemile, District Raigarh, (C.G.) for the offence punishable under Sections 296, 115(2), 126, 119(1) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a First Information Report alleging that between 5:00 PM and 6:00 PM on 05/09/2024, while she, an advocate, her nephew, and others RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.22 10:54:06 +0530 2 were at a fair, they were verbally and physically abused by the present applicant and other co-accused persons, who were in a state of intoxication. Consequently, the aforesaid offences were registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the present applicant has 10 criminal antecedents of the years 2007, 2008, 2013, 2016, 2022 and 2023 out of which 07 cases have disposed of and remaining 03 cases are still pending. He further submits that the victims have been examined, there is no injury found on the body of the victims by the medical examiner. He also submits that the present applicant is in jail since 10.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She also submits that the present applicant has 10 criminal antecedents of the years 2007, 2008, 2013, 2016, 2022 and 2023 which shows that the applicant is a habitual offender. She further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the injuries received by the injured person is found to be simple in nature. Moreover, the present applicant has 10 criminal antecedents of the years 2007, 2008, 2013, 2016, 2022 and 2023 out of which 07 cases have disposed of and remaining 03 cases are still pending, which was explained in the para No.4(a) and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 10.10.2024, the 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 regular bail in this case. 7. 7. Let the Applicant – Ajij Khan Alias Bhondu, involved in Crime No. 397/2024, registered at Police Station : Jutemile, District Raigarh, (C.G.) for the offence punishable under Sections 296, 115(2), 126, 119(1) and 3(5) of Bhartiya Nyay Sanhita, 2023, 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 4 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 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