1 2025:CGHC:32027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5180 of 2025 Deepak Kosre S/o Shatrughan Kosre Aged About 25 Years R/o Village Mandroud, P.S./ Tehsil Kurud, District Dhamtari Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, P.S. Magarlod, District Dhamtari Chhattisgarh. ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 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. 34/2025, registered at Police Station Magarlod, District Dhamtari (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 109, 140(3), 190, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. As per the prosecution’s story, on 05.03.2025, the complainant, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.11 18:26:55 +0530 2 Doman Dhruv, was working along with his companions at Main Road, Kulhadikot, near Kusumpal. They were constructing a road to allow vehicles to travel towards the river. At that time, Yash and Ved Prakash asked the complainant to come along with them in a car. At that moment, the applicant, along with other accused persons, reached the spot and started abusing and beating the complainant, Yash Kumar Sahu, and Bhim Singh, alleging that they were engaged in the business of sand excavation, which the accused persons were unable to conduct. Thereafter, the accused persons took the complainant and the injured persons along with them in their car. 3. The learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. She submits that the main allegation is against the co-accused persons, namely Yogesh Yadav, Virendra Sahu, and Tajendra Bharti, who assaulted the injured with a knife, due to which he received grievous injuries, so far as the present applicant is concerned, the allegation against him is that he assaulted the injured with hands and fists. She also submits that the present applicant has been in jail since 01.06.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present 3 case. He further submits that the present applicant along with other co-accused have assaulted the injured by knife and hand and fists due to which he received grievous injuries, therefore, the present applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that the main allegation is against the co-accused persons, namely Yogesh Yadav, Virendra Sahu, and Tajendra Bharti, who assaulted the injured with a knife, due to which he received grievous injuries, so far as the present applicant is concerned, the allegation against him is that he assaulted the injured with hands and fists, the case of the present applicant is distinguished form the said co-accused persons, moreover, the charge-sheet has already been submitted before the competent Court, the applicant is in jail since 01.06.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Deepak Kosre, involved in Crime No. 34/2025, registered at Police Station Magarlod, District Dhamtari (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 109, 140(3), 190, 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum 4 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 his 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 his, 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 5 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 Abhishek