1 2025:CGHC:39601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5174 of 2025 1 - Dayalu Ram Banjare S/o Dhan Singh Banjare Aged About 25 Years R/o Sundri, P.S.- Palari, Balodabazar Bhatapara (C.G.) 2 - Mantram Banjare S/o Dhan Singh Banjare Aged About 52 Years R/o Sundri, P.S.- Palari, Balodabazar Bhatapara (C.G.) 3 - Gendu Ram Banjare S/o Dhan Singh Banjare Aged About 38 Years R/o Sundri, P.S.- Palari, Balodabazar Bhatapara (C.G.) ... Applicants versus State Of Chhattisgarh Through P.S., Palari, Distt. Balodabazar Bhatapara (C.G.) ... Respondent For Applicants : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.08 19:40:53 +0530 2 Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.146/2025 registered at Police Station Palari, Distt. Balodabazar Bhatapara (C.G). for the offence punishable under Sections 296, 115(2), 351(2), & 3(5), 109 of B.N.S. 2023. 2. Case of the prosecution, in brief, is that on 04.05.2025 the complainant, Rupchand Dahariya has lodged a complaint alleging therein that on the intervening night of 03.05.2025 when he was standing near his house, the accused persons, were using with filthy language when the complainant tried to stop them accused Genram Banajre and Yogi Banjare, assaulted him with iron-bat and the other accused persons used their hands & fits. Hence the FIR. 3. Learned counsel for the applicants submits that the applicants are said to have assaulted the injured with iron rod and injury sustained by the injured was found to be simple in nature. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 04/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. She would submit that charge sheet has been filed in this case and there is no criminal antecedents against the applicants. 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 the injury sustained by the injured was found to be simple in nature, there is no criminal antecedents against the 3 applicants, period of detention of the applicants since 04/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take 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- Dayalu Ram Banjare, Mantram Banjare and Gendu Ram Banjare, involved in Crime No.146/2025 registered at Police Station Palari, Distt. Balodabazar Bhatapara (C.G). for the offence punishable under Sections 296, 115(2), 351(2), & 3(5), 109 of B.N.S. 2023, 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 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 their 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri