1 2025:CGHC:35643 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4985 of 2025 Ayush Valmiki @Anshu Valmiki S/o Kailash Valmiki Aged About 20 Years R/o Bandhwapara, Near Janji Talab Sarkanda, P.S. Sarkanda, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Sarkanda, District Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 542/2025, registered at Police Station Sarkanda, District- Bilaspur (CG) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 191(2) of MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 19:23:53 +0530 2 BNS, 2023 and Sections 25 and 27 of Arms Act. 2. The prosecution story in brief is that the injured/victim Aman Dwivedi has lodged the FIR and alleged that the co-accused namely Pankaj Dubey has called him near Nandeshwari Mandir for some financial transactions and thereafter present applicant had arrived along with two other co-accused persons and assaulted him with hand, fists and bangles and cause serious injuries. Police have arrested the present applicant and filed the charge sheet in the competent court of law. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He would further submit that as per the medical report there is no injuries likely to cause death. The other co-accused persons have been enlarge don bail by the learned court below vide orders dated 10.06.2025, 15.04.2025 and 25.04.2025. He would further submit that in the statement of both the injured persons namely Aman Dwivedi and Shahid Sheikh under Section 180 of BNSS, the allegation is against the co-accused person and as per the MLC report, there is no grievous injuries sustained by both the injured persons. The applicant is in jail since 14.04.2025 and the charge sheet has already been filed before the court below, the trial will take considerable time for its conclusion, therefore the applicant may kindly be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that both the injured persons have received 3 injuries and there is involvement of the present applicant, therefore, he is not entitled to be released on 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, particularly the statement of both the injured persons under Section 180 of BNSS, the allegation is against the other co- accused persons for assaulting injured and not against the present applicant and the charge sheet has already been filed, the applicant is in jail since 14.04.2025 and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Ayush Valmiki @ Anshu Valmiki, involved in Crime No. 542/2025, registered at Police Station Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 191(2) of BNS, 2023 and Sections 25 and 27 of Arms Act be released on bail on their furnishing a 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 4 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 5 against them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima