1 / 4 2025:CGHC:35833 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4628 of 2025 Surya Tandon S/o Shri Lorik Tandon Aged About 26 Years R/o Vill. - Chakarbeda, Police Post - Malhar, Thana - Masturi, District - Bilapsur, Chhattisgarh ---Applicant versus State Of Chhattisgarh Through - Police Post - Malhar, Police Station - Masturi, District - Bilapsur, Chhattisgarh ---Non-applicant MCRC No. 4925 of 2025 Nirbhay Madhukar Urf Solu S/o Nilkanth Madhukar Aged About 30 Years (Wrongly Mentioned As And Others), Gram Chakarbeda Chouki Malhar Thana Mustari District Bilaspur Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Police Station - Masturi, District Bilaspur Chhattisgarh. ... Non-applicant For Applicants : Mr. Suryapratap Yudhveer Singh, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.07.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.25 19:08:23 +0530 2 / 4 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 315/2025, registered at Police Station : Chowki Malhar, Police Station - Masturi, District – Bilaspur (C.G.) for the offence punishable under Section 296, 115(2) 351(2), 3(5) & 119(1) of the BNS 2023. 2. As as per prosecution story, complainant/Degun Patle along with his friend Subhash and Gulshan were returning to their village Tikari from village Mosa. When they reached near Navoday School Canal culvert, the applicant and his other friends met there and started abusing filthy in the name of mother and sister in the count that they had not served liquor to them and stated assaulting with hand and fists with hand leg and belt inter-alia with life threatening. Consequently, the complainant sustained injury on his right hand, nose and the other injured Gulshan sustained injury on his neck, head, blood was oozing out from the mouth of Subshah Tandon. 3. The present applicants are innocent and have been falsely implicated in the alleged offence. He submits that the applicants are not appear in the FIR which indicates that there was no allegations or suspicion against them and even the FIR as per the allegations made in the FIR do not constitute the offence punishable under Sections 115(2), 296, 3(5), 190 351(2) of the BNS 2023 and they are in jail since 28.05.2025 and conclusion of the trial may take some time, therefore, they prays for grant of regular bail to the present applicants. 4. On the other hand learned State counsel opposed the bail application of the present applicants. 3 / 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the injuries sustained by the applicant are simple in nature, this Court further notes that the charge- sheet has already been submitted before the competent Court. The applicants have been in jail since 28.05.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the considered view that the present applicants are entitled to be released on regular bail. 7. Let the Applicants – Surya Tandon and Nirbhay Madhukar Urf Solu, involved in Crime No. 315/2025, registered at Police Station : Chowki Malhar, Police Station - Masturi, District – Bilaspur (C.G.) for the offence punishable under Section 296, 115(2) 351(2), 3(5) & 119(1) of the BNS 2023 , be released on bail on furnishing personal bond with two sureties each 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 4 / 4 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav