1 2025:CGHC:45391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5291 of 2025 • Sameer Sonwani S/o Ajay Kumar Sonwani Aged About 21 Years R/o Khamairya, (Yadu) P.S.- City- Kotwali, Balodabazar, District- Baloda-Bazar-Bhatapara, C.G. ... Applicant versus • State of Chhattisgarh Through- P.S.- City- Kotwali, Balodabazar, District- Baloda-Bazar-Bhatapara, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.598/2025, registered at Police Station - Kotwali, Dist.- Baloda-Bazar (CG) for the offence punishable under Sections 109(1), 296, 3(5), 351(2) of BNS. 2. The prosecution story in brief, is that, on 07.06.2025, the complainant Rupesh Yadav was returning home with his father VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:20 +0530 2 after visiting Mandir about 8:30 p.m. at the same time the applicant & the co-accused were abusing amongst themselves, which was objected by the complainant then the present applicant hits the complainant by means of liquor bottle on his head, thereafter FIR has been registered against the applicant. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the allegations levelled against the applicant is that he assaulted the injured with liquor bottle on his head, resultantly, injured sustained injuries, which is simple in nature. The applicant is in jail since 07.06.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that according to charge-sheet applicant has four criminal antecedent, vide crime No.231 of 2021 for the offence under Sections 294, 323, 506, settled in Lok-Adalat, Crime No.82 of 2023 for the offence under Section 34(1)(b), in which applicant has been acquitted from charges, crime No. 755 of 2022 for the offence under Sections 294, 323, 506, which is pending and crime No.477 of 2023 for the offence under Sections 294, 323, 506, which is settled in Lok-Adalat, it appears that applicant is a habitual offender, therefore applicant is not entitled for grant of bail. 3 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 and the fact that charge-sheet has been filed and no further investigation is required to be done and fact that injuries sustained by the injured is simple in nature, the applicant is in jail since 07.06.2025, he has four criminal antecedent, out of which one is pending for its conclusion and the conclusion of the trial would take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant- Sameer Sonwani, involved in Crime No.1598/2025, registered at Police Station - Kotwali, Dist.- Baloda-Bazar (CG) for the offence punishable under Sections 109(1), 296, 3(5), 351(2) of BNS, be released on bail on his furnishing a personal bond with two sureties each 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 4 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 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali