1 2025:CGHC:30224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5137 of 2025 Baisakhu Lal Tirki S/o Babulal Tirki Aged About 32 Years R/o Village Baba Para, Shakti Para, Chowki Belgahana, Police Station Kota, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kota, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Deepak Kumar Singh, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.07.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.702/2023 registered at Police Station Kota, District Bilaspur - (C.G.), for the offences punishable under Sections 307 & 506 of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story in brief is that on 06.08.2023 at evening complainant Pradeep Akka, Baisakhu Tirki, Pappu Rohni, Semlal Ghasiya and Ram Viswakarma were drinking liquor at Shakti Bahra, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.04 12:01:46 +0530 2 Baba Para. After drinking liquor, there was dispute between complainant Pradeep Akka and Baisakhu Tirki then Baisakhu Tirki has gone to his home and brought bow and arrow and said that he will kill him and with intention of killing him, he threw arrow with the bow on the chest of complainant thereafter the complainant pulled out the arrow and there was bleeding. The complainant Pradeep Akka has lodged report before police station Kota, District Bilaspur (C.G.) a concern police has registered a crime no. 702/2023, alleged offence punishable under section 307, 506 of Indian Penal Code against the applicant, after investigation charge-sheet has been filed during absconding of applicant.. 3. Learned counsel for the applicant submits that the present applicants are innocent person and have been falsely been implicated in the aforesaid case. He also submits that the present applicant has no criminal antecedents and he is in jail since 24.05.2025, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 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. He further submits that the present applicant assaulted 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. 6. Considering the facts and circumstances of the case, as per the case 3 diary, the injuries received by the injured are simple in nature. Moreover, the present applicant has no criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicant is in jail since 24.05.2025, 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. Let the Applicant – Baisakhu Lal Tirki, involved in Crime No.702/2023 registered at Police Station Kota, District Bilaspur - (C.G.), for the offences punishable under Sections 307 & 506 of the Bhartiya Nyaya 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 4 the applicants fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav