1 2025:CGHC:27412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4792 of 2025 Ayush Yadav S/o Dharmendra Yadav Aged About 20 Years Occupation - Student, R/o Nagar Panchayat Pathariya, Tehsil Pathariya, Dist. Mungeli Chhattisgarh Present R/o Mopka, Vivekanand Nagar, Gali No. 2, P.S. Sarkanda, Tehsil And District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Sarkanda, District - Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.06 .202 5 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 they have been arrested in connection with Crime No - 156/2025, registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. (As per charge-sheet). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.25 11:45:27 +0530 2 2. As per the case of prosecution, on 05.01.2025, a dispute over parking near Loyola School, Bilaspur, led to a scuffle between Lakshya Kashyap and Kanha Sahu, resulting in Lakshya being stabbed in the abdomen. The complainant, Shrijay Kashyap, lodged a report on 29.01.2025. Ayush Yadav, the applicant, was implicated due to his alleged presence at the scene with Kanha Sahu, despite no evidence of his involvement in the assault or carrying a weapon. He is charged under Sections 109 and 191(3) of the Bharatiya Nyaya Sanhita and the Arms Act. The investigation is complete, and the charge sheet has been filed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and have been falsely implicated in this case. He further submitted that the applicant is not named in the FIR nor in the statement of the two injured and his name has come into light in the memorandum statement of the co-accused, namely, Harsh Upadhyay. It is further submitted that the applicant has one previous criminal antecedent, in which he has been granted bail by the trial Court. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been in the present case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 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 3 that the applicant is not named in the FIR nor in the statement of the two injured persons and his name has come into light in the memorandum statement of the co-accused, namely, Harsh Upadhyay, further the applicant has one previous criminal antecedent, in which he has been granted bail by the trial Court, and the case of the applicant is different from the co-accused person, further the charge-sheet has been filed against the applicant, he is in jail since 12.04.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Ayush Yadav, involved in Crime No - 156/2025, registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. (As per charge-sheet), 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti