1 2025:CGHC:30591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5173 of 2025 Vikram Singh Thakur S/o Jaswant Singh Thakur Aged About 26 Years R/o Village- Ward No. 46, Rajendra Prashad Ward Shahid Rajeev Pandey Nagar New Rajendra Nagar Raipur, District-Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station- Rajendra Nagar, District Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Pawan Kesharwani, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 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. 37/2025, registered at Police Station : Rajendra Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 191(2), 191(3) of the BNS. 2. The case of the prosecution, in brief, is that the complainant lodged a report at Rajendra Nagar Police Station, District Raipur with the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 intent that he along with his friend Shahrukh taking tea in Amrittulya tea shop where some dispute arose between complainant and his friend due to which the applicant and other co-accused persons, jointly committed an assault on the complainant by using wooden sticks (bats) and stumps. Thereafter, the complainant/victim was admitted to various hospitals for better treatment, Based on the complainant's report, the police station investigated the matter and registered a crime for offences under Sections 296, 351(2), 109, 191(2), and 191(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, initially against unknown persons. After completing the investigation, the police arrested the present applicant based on their memorandum statements. 3. Learned counsel for the applicant submits that in the present case, a total of six accused persons, including the present applicant, have been involved in the alleged crime. Out of them, one co-accused is still absconding, whereas three co-accused persons have already been granted bail by this Court in MCRC No. 4389 of 2025, (a copy of which is annexed herewith as Annexure A/3). It is further submitted that although the present applicant has been named in the FIR, the allegations levelled against all the accused persons are identical in nature. Moreover, there exists a counter version (cross- report) of the incident, indicating that the matter is of a mutually fought altercation. As regards the injury sustained by the victim, it is submitted that the Medico-Legal Certificate (MLC) does not provide any conclusive opinion as to whether the injuries are grievous in nature or not, thereby casting doubt on the severity of the alleged 3 assault. He further submits that the applicant is in jail since 20.02.2025 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, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court further, from perusal of the record, it is prima facie evident that the applicant along with other co- accused, in furtherance of their common intention, assaulted the injured by using a cricket bat, stumps and a knife, thereby causing grievous injuries with an intent to cause death. 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 in the present case, total six accused persons, including the present applicant involved in the alleged crime and out of them, one co-accused is still absconding, whereas three co- accused persons have already been granted bail by this Court in MCRC No. 4389 of 2025, (a copy of which is annexed herewith as Annexure A/3), although the present applicant has been named in the FIR but the allegations levelled against all the accused persons are identical in nature and moreover, there exists a counter version (cross-report) of the incident, indicating that the matter is of a 4 mutually fought altercation and as regards the injury sustained by the victim, it is submitted that the Medico-Legal Certificate (MLC) does not provide any conclusive opinion as to whether the injuries are grievous in nature or not, thereby casting doubt on the severity of the alleged assault therefore, this Court is of the view that the present applicant is entitled to be released on bail. 7. Let applicant, Vikram Singh Thakur, involved in Crime No. 37/2025, registered at Police Station : Rajendra Nagar, Raipur District- Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109, 191(2), 191(3) of the BNS. , be released on bail on furnishing 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 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, 5 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal