1 2025:CGHC:34244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5079 of 2025 Umendra Singh @ Sahil S/o Shiv Shankar Singh Aged About 18 Years R/o Baikunthpur Camp-2, Bhilai, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Chhawani, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Anurag Jha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.07.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.1593/2023 registered at Police Station Chhawani, District - Durg - (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 109 of BNSS(As per order impugned but as per final challan 109,191(2) & 190, 25 and 27 of the Arms Act. 2. That, as per story is that prosecution Rajveer Singh & Laddu is brother VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.21 11:04:04 +0530 2 of Kashish Sharma with whome One Rahul Bandhe was taking and upon this issue Rajveer, Sonu Nagrare, Prakash @ Lalla priyanshu Sahu had assaulted ner Mannu Mobile. In the quarrel the Accused Sonu Nagrare has used Knief whereas Priyanshu Used Potato Cutter. Prashant Sharma who had come in between was also been assaulted and as such the offense was been Committed. 3. Learned counsel for the applicant submits that the present applicants are innocent person and have been falsely been implicated in the aforesaid case. He also submits The applicant is a young, tender-aged individual with no criminal antecedents, who maintains complete innocence and claims to have been falsely implicated in a case where five people were named but only he remains in custody—while all other co-accused have been granted bail despite sharing similar allegations; there is no evidence he played any role in the alleged assault, he never associated with or accompanied the others, and he has no prior relationship or enmity with the complainants, Prashant Sharma or Rahul Bandhe—suggesting malice and fabrication on the part of the police and he is in jail since 20.04.2025, and 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 opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances set out in the case diary, and noting that the applicant aged approximately 18 years and one month has no criminal antecedents and he is in jail since 20.04.2025, the charge-sheet has already been submitted before this Hon’ble Court, 3 and all other co-accused (being juveniles) have been granted bail, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Umendra Singh @ Sahil, involved in Crime No.1593/2023 registered at Police Station Chhawani, District - Durg - (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 109 of BNSS(As per order impugned but as per final challan 109,191(2) & 190, 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav