1 2025:CGHC:29552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5051 of 2025 1 - Bhupendra Kumar S/o Late Krishna Kumar Porte Aged About 31 Years R/o Jhikatola, P.S. Dalliirajhara, District Balod Chhattisgarh. 2 - Abhilash Tiwari S/o Rajendra Prasad Tiwari Aged About 31 Years R/o 08 Rajhara, P.S. Dalliirajhara, District Balod Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Police Station Balod, District Balod Chhattisgarh. ... Respondent For Applicants : Ms. Rashika Soni, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. For objector : Shri Rohit Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.219/2025 registered at Police Station Balod, District Balod (C.G) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:13:06 +0530 2 Sections 296, 115(2), 351(3), 333 read with Section 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that on 12.05.2025 at around 03:30 p.m. the 2-3 persons forcefully entered into the house of the complainant and started abusing the complainant with slang and told him to repay the loan amount which the complainant has borrowed from finance company and thereafter, the co-accused namely Vipin Jain@ Goldi Jain assaulted the complainant with belt and threatened the complainant for dire consequences as result of which a complaint was made by the complainant after 15 days on 27.05.2025 before the concerned police station and the instant First Information Report has been registered against the present applicants on 27.05.2025 for an alleged offence punishable under Sections 296, 115(2), 118(2), 351(3), 333 read with Section 3(5) of Bharatiya Nyaya Sanhita and applicants were arrested on 27.05.2025. 3. Learned counsel for the applicants submits that co-accused person namely Vipin Kumar Jain Alias Goldi has been released on bail by this court in MCRC No. 4551 of 2025 on 17.06.2025. She would submit that charge sheet has been filed, applicants are in jail since 27/05/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicants. 4. On the other hand, learned State counsel as well as learned counsel, appearing for the objector, opposed the bail application of the applicants. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that co-accused person namely Vipin Kumar Jain Alias Goldi has been released on bail by this court in MCRC No. 4551 of 2025 on 17.06.2025, period of detention of the applicants since 27/05/2025, charge sheet has been filed and trial is likely to some time for its conclusion, 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 and it is directed that the applicants- Bhupendra Kumar and Abhilash Tiwari, involved in Crime No.219/2025 registered at Police Station Balod, District Balod (C.G) for the offence punishable under Sections 296, 115(2), 351(3), 333 read with Section 3(5) of B.N.S., be released on bail on each of them furnishing a personal bond with two sureties 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 4 on each date fixed, either personally or through their counsel. In case of their absence, without sufficient 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 his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri