1 2025:CGHC:2064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 267 of 2025 Rishabh Kumar S/o Shambhu Prasad Aged About 22 Years R/o Camp- 01, Sangram Chowk, P.S. Vaishali Nagar, District- Durg, C.G. ... Applicant versus State Of Chhattisgarh Through The S H O, Police Station Jamul, Durg, C.G. ... Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate For Non-applicant/State : Mr. S.S. Bhaghel, Dy. Govt. Advocate. 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. 271/2024 registered at Police Station-Jamul District - Durg (C.G.) for the offence under Section 109, 3(5) of B.N.S. 2023. 2. Case of the prosecution, in brief is on 21.07.2024, at around 09:30 PM, the complainant Rajneesh Chaudhary was called on the phone by one Vikas Sardar, on the pretext of pledging his Scorpio car in exchange of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand Only), KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 near Jalaram hotel. Upon arriving at the spot and then calling Vikas Sardar, he told that I am standing behind the cloth store near Jalaram hotel. However, after that 4-5 people started roaming around the complainant and one Deva Verma and Mo. Shokat, attacked him with a thermocol cutter, after which he ran towards Nagsen school and fell on the ground near a house, where he was again attacked by the same two people and after the crowd started coming, they ran away from the spot. Thereafter, an F.I.R. bearing crime No. 271/2024, was lodged at the Jamul Police Station, Durg, on 22.07.2024 and charge sheet has filed on 19.09.2024 before the competent Court. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in crime in question. He further submits that the present applicant was only standing at the spot however, co-accused persons namely Deva Verma and Mo. Shokat (both are juvenile) have assaulted the injured by thormocol cutter, on account of which he sustained injuries on his back. He further submits that the present applicant was made accused only on the basis of memorandum statement of the co- accused and there is no allegation of any attack by the present applicant and no Test Identification Parade was conducted in order to ascertain the identity of the present applicant or whether he was present at the spot or not and further no recovery of any sort, either of any weapon, or any article has been made from the possession of the present applicant and the applicant is in jail since 08.08.2024 and conclusion of the trial is likely to take quite long time. Therefore, 3 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 the present applicant was only standing at the spot however, co-accused persons namely Deva Verma and Mo. Shokat (both are juvenile) have assaulted the injured by thormocol cutter, on account of which he sustained 03 injuries on his back and one on the neck however, it appears that the involvement of the present applicant appears to be reasonable in this case. 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 was only standing at the spot however, co-accused persons namely Deva Verma and Mo. Shokat (both are juvenile) have assaulted the injured by thormocol cutter, on account of which he sustained 03 injuries on his back and one on the neck and the injuries were found to be grievous in nature but the case of the present applicant is distinguishable from that case of co- accused persons and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 08.08.2024 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. Let the Applicant –Rishabh Kumar, involved in Crime No. 271/2024 registered at Police Station-Jamul District - Durg (C.G.) for the offence under Section 109, 3(5) of B.N.S. 2023, be released 4 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 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 5 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