1 2025:CGHC:27484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4814 of 2025 1 - Gopeshdas Manikpuri S/o Rameshdas Manikpuri Aged About 26 Years R/o Sinha Para, Boridkhurd, Police Station Rudri, District Dhamtari, Chhattisgarh. 2 - Pradeep Kumar Sinha S/o Cholan Ram Sinha Aged About 29 Years R/o Sinha Para, Boridkhurd, Police Station Rudri, District Dhamtari, Chhattisgarh. ... applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Rudri, District Dhamtari, Chhattisgarh. ... Non-applicant For Applicants : Mr. Anil Gulati, Advocate For Res/State : Mr. Shakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.06.2025 1. This is 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. 11 of 2025 registered at Police Station- Rudri, District- Dhamtari (C.G.), for 2 the offence punishable under Sections 109(1) read with Section 3 (5) of B.N.S, 2023. 2. The prosecution's case is that the an FIR was lodged on 28.03.2025 by the complainant- Gulshan Kumar Sahu stating therein that on 26.03.2025, at about 12.30 in the night, some unknown persons with intention to kill his brother namely Mitesh has assaulted him, due to which, he (Mites) received multiple injuries on the various parts of the body and he was hospitalised at Bathena Hospital Dhamtari. On account of such assault, the injured suffers from number of severe injuries. On the basis of such complaint , during the investigation, the police has registered the aforesaid offence against the applicants and arrested them. Hence this bail application. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the aforesaid case. He also submits that the applicants are said to have assaulted the injured by hand and fists and it is stated that due to which he received some of the simple injuries and his wrist was fractured but there appears to be no internal damage caused to the injured on vital part of the body. He also submits that the applicants are in jail since 12.04.2025, 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 opposes the bail application of the present applicants 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, particularly the fact that though the applicants have assaulted the injured by hand and fists and due to which he received some of the simple injuries, his wrist was stated to be fractured but there appears to be no internal damage caused to the injured on vital part of the body. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicants are in jail since 12.04.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant No. 1 – Gopeshdas Manikpuri and applicant No. 2- Pradeep Kumar Sinha involved in Crime No. 11 of 2025 registered at Police Station- Rudri, District- Dhamtari (C.G.), for the offence punishable under Sections 109(1) read with Section 3 (5) of B.N.S., 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 his absence, without sufficient 4 cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.25 19:59:58 +0530