1 2025:CGHC:39983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4857 of 2025 Yogesh Dewangan S/o Late Shri Gopi Chand Dewangan, Aged About 23 Years, R/o Adharshnagar, Mathpara, P.S. Tikrapara, Dist- Raipur, C.G. ... Applicant versus State of Chhattisgarh Through Purani Basti, Dist. Raipur (C.G.) ... Respondent For Applicant : Mr. Balraj Gupta, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.220/2025, registered at Police Station – Purani-Basti, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.11 17:12:59 +0530 2 2. The case of the prosecution, in brief, is that on 28.05.2025, the complainant Abhay Singh Thakur saw near Nell Kantheswar Temple that the juvenile in conflict with law was beating somone, then the complainant went to intervene and when the said juvenile abused the complainant, the complainant left from there and went to his house. Allegedly, following him near Dhebar City Gate, the applicant/accused along with the juvenile & remaining co-accused together beat the complainant with hands and fists while abusing him obscenely and the juvenile injured the complainant by hitting him with a sharp object on the right side of his stomach. On the basis of the above, offence has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is an innocent young boy aged about 23 years who has absolutely no connection with this incident. He later submitted that the injuries sustained to the complainant is simple in nature, further the applicant has no previous criminal antecedents, charge-sheet has been filed and the applicant is in jail since 31.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that the present applicant 3 tried to assault the complainant with with sharp object. Therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the documents available on case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has only assaulted the complainant/victim with hands and fists, further knife has been seized from the co-accused person and further considering the fact that the injuries sustained to the complainant/victim is simple in nature and further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 31.05.2025 and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant – Yogesh Dewangan, involved in Crime No.220/2025, registered at Police Station – Purani-Basti, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), be released on bail on his 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 4 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 his 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 his, 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 5 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 his in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti