1 2025:CGHC:27483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4817 of 2025 Rajkumar Keshwani S/o Chandrakumar Keshwani Aged About 49 Years R/o Ward No. 13, Samnapur, P.S. Samnapur, Dindori, M.P. ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali, Mungeli, District Mungeli, Chhattisgarh. ...Non-applicant For Applicant : Mr. Sunil Otwani, Advocate For Res./State : Ms. Monika Thakur, 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 applicant has been arrested in connection with Crime No. 383 of 2024 registered at Police Station- Police Station City Kotwali, Mungeli (C.G.), for the offence punishable under Sections 118(1), 109(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that the the alleged incident occurred on 2 04.10.2024 at around 8.10 pm when the complainant- Ritika Keshwani was returning home with her sister-in-law. It is alleged that one unknown person wearing a blue T-shirt and mask attacked her with a sharp object near ARC School, Mungeli, caused injury on her neck. Based on her written complaint, an FIR was registered against the unknown persons. During the course of the investigation, no suspicion was raised against the present applicant. It was only much later, and solely on the basis of the alleged memorandum statement of the co- accused - Dilip Relwani the present applicant implicated and arrested. Hence this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that earlier the police had registered the complaint against the unknown person and during the course of investigation, after 7 months when the co-accused has been arrested then only on his memorandum statement, the name of the present applicant came into the light and he has been arrested for committing offence in question. He also submits that the applicant is in jail since 18.05.2025, 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 applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. He would also submit that the main accused in his memorandum statement specifically mentioned the name of the present applicant for commission of offence, therefore, he may not be 3 granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that after seven months of the incident, only on the memorandum statement of the co-accused the name of the present applicant came into the light and further considering the fact that the case of the present applicant is distinguishable from the case of the co- accused person- Dilip Relwani, moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 18.05.2025, 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 – Rajkumar Keshwani involved in Crime No.383 of 2024 registered at Police Station Police Station City Kotwali, Mungeli (C.G.), for the offence punishable under Sections 118(1), 109(1), 61(2) 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 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 4 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 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.25 17:12:27 +0530