1 / 3 2025:CGHC:46951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1326 of 2025 • Rajesh Gupta S/o Rameshwar Gupta Aged About 30 Years R/o Village Kherkha, P.S. Tandwa, District Jachara (J.H.) Presently Address Behind Rest House , Pathalgaon, P.S. Pathalgaon, District Jashpur C.G. ... Applicant versus • The State of Chhattisgarh Through S.H.O. Police Station Pathalgaon, District Jashpur C.G. ... Respondent For Applicant : Mr. Shrikant Kaushik, Advocate For Respondent-State : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/09/2025 1. Appellant has preferred this appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “Act of 1989”) against the rejection of application filed under Section 483 of B.N.S.S. 2023 vide order dated 12.05.2025 passed in Special Case (SC & ST) No. 16/2025 by learned Additional Sessions Judge, through Special Judge (Atrocities Act), Jashpur, for grant of bail, as he has been arrested in connection with Crime No. 39/2025 registered at Police Station Pathalgaon, District- Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 118(2), 109(2) of BNS, 2023 and Section 3(1)(r), 3(2)(va), 3(2)(v) of the Act of 1989. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 2. Case of prosecution in brief is that, appellant has extended hand loan to complainant party and when the amount was not returned back, appellant has taken away gas cylinder and one mobile phone from the house of complainant party and brought to his home. On the date of incident, in the night at about 9:00 pm, complainant party came to the house of appellant demanding their belongings ie., gas cylinder and mobile phone, upon which dispute took place which turned violent and allegedly appellant gave axe below to Kundan and Sakal Say, due to which Kundan suffered grievous injuries. Incident was reported to concerned police station, based on which aforementioned crime was registered and appellant was arrested. 3. Learned counsel for appellant submits that appellant is an innocent person, he has been falsely implicated in the crime. From the contents of F.I.R. it appears that it is the complainant party who came to the house of appellant in the night and started quarrel. Appellant is in jail since 17.02.2025. 4. Learned State counsel opposes the submission of learned counsel for appellant and would submit that as per material collected by investigating agency and the report of doctor, Kundan suffered life threatening injuries over his person and therefore appellant is not entitled for bail. 5. Pursuant to the notice issued by this Court, complainant is present before this Court through virtual mode from concerned DLSA and she raised objection in grant of bail to appellant. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, the manner in which incident occurred as also the period of pre-trial detention of appellant, without commenting anything on merits of the case, I am inclined to allow this appeal. 8. Accordingly, appeal is allowed, the impugned order passed by learned Sessions Court dated 12.05.2025 is set aside and it is directed that appellant 3 / 3 in connection with the crime in question (39/2025) be released on regular bail on his executing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned court. Appellant shall also abide by the following conditions: (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE