1 2025:CGHC:39866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5394 of 2025 1 - Rakesh @ Golu Sahu S/o Vijay Sahu Aged About 19 Years R/o Maharana Pratap Nagar, Tifra, P.S.- Sirgitti, District- Bilaspur (C.G.) 2 - Ritesh Yadav S/o Bahoran Yadav Aged About 19 Years R/o Maharana Pratap Nagar, Tifra, P.S.- Sirgitti, District- Bilaspur (C.G.) ... Applicants(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Civil Lines Bilaspur (C.G.) ... Non-Applicant(s) For Applicants : Mr. Ankit Singh, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/08/2025 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 applicants who have been arrested in connection with Crime No. 109/2025 registered at Police Station- Civil Lines, District- Bilaspur (C.G.), for the offence punishable under Sections 115(2), 296, 3(5), 324(4), 326(F), 333, 351(2) of BNS. 2. Case of the prosecution, in brief, is that on 07-03-2025, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 complainant Kiran Singh Thakur, wife of Laxman Singh Thakur, lodged a complaint at the Sirgitti police station with the intent that on 07-03-2025, at around 7.30 pm, when she was at her home, at the same time, Dau alias Ritesh Yadav, Deepak Kashyap and Golu Sahu were sitting in the garden behind her house, smoking ganja and abusing her. When she objected to them, the applicants entered her house, abused her mother and sister obscenely, threatened to kill her, and Dau alias Ritesh beat her with a stick, due to which she got injured in the head and right wrist. When her husband tried to intervene, the applicants Golu Sahu and Ritesh Yadav beat her husband, due to which he also got injured. After that the applicants broke the cooler, fridge and set fire to the motor cycle number CG08-F-6425 parked in front of her house due to which the said vehicle was burnt. Based upon such, a case has been registered against the present applicants. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that the allegation levelled against them are that when the complainant was at her home, at the same time, the applicants along with co-accused were sitting in the garden behind her house, smoking ganja and abusing her. When she objected to them, the applicants entered her house, hurled filthy languages and threatened to kill her, and Dau alias Ritesh beat her with a stick, due to which she got injured in the head and right wrist and when her husband tried to intervene, the applicants Golu Sahu and Ritesh Yadav beat her husband, due to which he also got injured and 3 thereafter, the applicants broke some article and set fire to the motorcycle due to which the said vehicle was burnt however, he submits that the injuries sustained by the injured are simple in nature further nothing has been seized from the possession of the present applicants and it was the complainant who threw hot boiling water over the applicants by making false allegation against them and later her husband had beaten the applicants and lodged an FIR against them. He also submits that the applicants have no previous criminal antecedents and in the present case, charge-sheet has been filed before the competent Court 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, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that when the complainant was at her home, at the same time, the applicants along with co-accused were sitting in the garden behind her house, smoking ganja and abusing her. When she objected to them, the applicants entered her house, hurled filthy languages and threatened to kill her, and Dau alias Ritesh beat her with a stick, due to which she got injured in the head and right wrist and when her husband tried to intervene, the applicants Golu Sahu and Ritesh Yadav beat her husband, due to which he also got injured and thereafter, the applicants broke some article and set fire to the motorcycle due to which the said vehicle was burnt and further as per the MLC report of the injured, the injuries sustained by the injured are simple in nature but so far as the criminal antecedents of 4 the applicants are concerned, the applicant No. 2 has no criminal antecedents though the applicant No.1 has one previous criminal antecedents under the IPC as such, looking to the seriousness of this case, involvement of the applicants, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 04.06.2025 and further considering the fact that the applicants have assaulted the injured persons by hard and blunt object, on account of which, they received injuries and as per the MLC report of the injured, it goes to show that the injuries sustained by the injured are simple in nature and so far as the criminal antecedents of the applicants are concerned, the applicant No.1 has one criminal and the applicant No.2 has no previous criminal antecedent and in the present case, charge-sheet has been filed before the competent Court as such, this Court is of the opinion that the applicants are entitled to be released on bail. 7. Accordingly the bail application stands allowed. 7. Accordingly the bail application stands allowed. Let the applicants – Rakesh @ Golu Sahu and Ritesh Yadav, involved in Crime No. 109/2025 registered at Police Station- Civil Lines, District- Bilaspur (C.G.), for the offence punishable under Sections 115(2), 296, 3(5), 324(4), 326(F), 333, 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 5 conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated or without sufficient cause, then it shall be 6 open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal