1 2025:CGHC:2062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 265 of 2025 Crystal Nicolson S/o C. Nicolson Aged About 29 Years R/o Azad Nagar, Telgu Mohalla, Balco, Thana Balco, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Balco Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.01.2025 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 who has been arrested in connection with Crime No. 630/2024 registered at Police Station Balco Korba District - Korba (C.G.) for the offence under Section 109(1) of B.N.S. Act. 2. Case of the prosecution, in brief is on 11.10.24 at about 7.45 pm, the complainant namely Sanjay Yadav has lodged oral report against the applicant stating that the cousin brother of complainant has gone to the area of applicant at that time applicant asked him that you are on which side. On which the cousin brother of the complainant told him that he is no one side therefore the applicant assaulted the left cheek KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 of his brother with a knife. Therefore, the aforesaid offence has been registered against him. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the present case. He further submits that the investigation has already been completed and charge sheet has been filed before the competent Court. The complainant has lodged false report against the applicant i.e. at the time of incident, the applicant was standing outside of his house at that time complainant reached his house along with his brother and due the previous enmity they started quarreling with each other and further no article has been seized from the possession of the applicant and the victim has not suffered any grievous injury on his face and as per medical report the injury is simple in nature and the applicant is in jail since 11.11.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit that during the investigation, the accused accepted the charges against him based on their memorandum statement. The accused's statement led to the confiscation of the knife used in the incident and his subsequent arrest. The accused is charged with serious offences, including drunkenly harassing neighbors and stabbing the complainant's cousin, leaving a deep gash on the victim's cheek. Medical professionals did not rule out the possibility of fatal injuries from the knife attack however, the present applicant has no criminal 3 antecedents. Hence, he is not entitled for grant of bail. 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 that the present applicant has assaulted the complainant’s cousin by knife, on account of which he sustained injury on his cheeks however, as per medical report, it appears that the injury was found to be simple in nature and moreover, the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 11.11.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant –Crystal Nicolson, involved in Crime No. 630/2024 registered at Police Station Balco Korba District - Korba (C.G.) for the offence under Section 109(1) of B.N.S. Act, 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 sufÏcient cause, the trial court may proceed against him 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 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 sufÏcient 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. OfÏce 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 Kunal