1 2025:CGHC:31732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5288 of 2025 Mitesh Sahu S/o Tejram Sahu Aged About 19 Years At Sita Nagar, P/s Gudhiyari, District Raipur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Ps Kabir Nagar, Raipur, C.G. ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 67/2025, registered at Police Station : Kabir Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 351(2), 3(5) of the BNS. 2. The case of the prosecution, in brief is that on the date of incident, the applicant along with 3 other co-accused persons had assaulted the complainant along with his brother because of some old dispute KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 between the parties. Upon such complaint, the concerned Police Station registered the FIR under Section 296, 118(1), 351(2), 3(5) of the BNS against the applicant and the other co-accused and during investigation, the applicant was arrested on 10.05.2025 and his memorandum was recorded and a knife alleged to have been used by him was recovered from the possession of the applicant. 3. Learned counsel for the applicant submits that there were total three accused persons involved in the present case, out of which two co- accused have already been granted bail by the learned trial Court. However, the case of the present applicant stands on a different footing and is distinguishable from that of the said co-accused. It is further submitted that the charge-sheet has already been filed before the competent Court and the applicant has only one previous criminal antecedent. It is alleged that said knife was recovered from the possession of the applicant and that he assaulted the complainant on his thigh using the said knife and as per the MLC report of the injured/complainant, the injury sustained has been classified as simple in nature and the applicant is in jail since 10.05.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail and submitted that the present applicant has assaulted the complainant/injured by knife on account of which, he received injury and as per the MLC report of the injured/complainant which goes to show that the injury received by the injured are simple in 3 nature and further the said knife has been recovered from the possession of the applicant moreover, in the present case, charge- sheet has been filed before the competent Court and the applicant has one previous criminal antecedent. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there were total three accused persons involved in the present case, out of which two co-accused persons have already been granted bail further the allegation levelled against the applicant is that, he was assaulted the injured/complainant by knife on his thigh on account of which, the injured/complainant received injury however, from perusal fo the MLC report of the injured, it appears that the injury was found to be simple in nature and further the applicant has one criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 10.05.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Mitesh Sahu, involved in Crime No. 67/2025, registered at Police Station : Kabir Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 351(2), 3(5) of the BNS., be released on bail on furnishing personal bond with two sureties in the like sum to the 4 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 sufficient 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 sufficient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office 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