1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4731 of 2025 1 - Smt. Ishwari W/o Late Rajkumar Aged About 53 Years R/o Post - Ganchandur, Tahsil - Korpana, District - Chandrapur (Maharastra) 2 - Sandeep Kshatri S/o Late Rajkumar Aged About 29 Years R/o Post - Ganchandur, Tahsil - Korpana, District - Chandrapur (Maharastra) 3 - Pradeep Kshatri S/o Late Rajkumar Aged About 27 Years R/o Post - Ganchandur, Tahsil - Korpana, District - Chandrapur (Maharastra) ... Applicants versus 1 - State of Chhattisgarh Through Police Station House Officer - Vidhansabha P.S., District - Raipur (C.G.) ... Respondent For Applicants : Ms. Chetna Singh, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who has been arrested in connection with Crime No. 283/2025 registered at Police Station - Vidhansabha, District Raipur (C.G.), for the offences punishable under Sections 115(2), 140(3), 296, 3(5), 351(2) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.21 11:49:53 +0530 2 2. Case of the prosecution, in brief, is that on 04.06.2025 there was a land dispute between the applicants and the complainant and due to this applicants in their vehicle number MH 34 CJ 5091, took the complainant with them and beat him, abusing him, and threaten him as per the said report and investigation crime was registered against the applicant. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. She also submits that there was a land dispute between the applicants and complainant, due to previous enmity present case has been filed against the present applicants and applicants are family members of the complainant and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has not been filed in the present case before the competent Court therefore, they are 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, nature and gravity of allegation levelled against the applicants and the fact that there was a land dispute between the applicants and complainant, due to previous enmity present case has been filed against the present applicants and applicants are family members of the complainant, complainant is a nephew of applicant No.1 and cousin brother of applicant No.2 and 3, looking to the age of applicant No.1, who is aged about 53 years, this Court is of the view that the applicants are entitled to be released on bail in this case. 3 7. Let the applicants – Smt. Ishwari, Sandeep Kshatri and Pradeep Kshatri involved in Crime No. 283/2025 registered at Police Station - Vidhansabha, District Raipur (C.G.), for the offences punishable under Sections 115(2), 140(3), 296, 3(5), 351(2) of BNS, 2023, be released on bail on their furnishing a 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 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 4 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali