1 2025:CGHC:31069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5234 of 2025 Shubham @ Sonu Soni S/o Shyam Soni, Aged About 26 Years R/o Katiyapara, Udai Chowk, Bilaspur, Police Station City Kotwali, District Bilaspur (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Amit Kumar Sahu, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.281/2025 registered at Police Station City Kotwali, Bilaspur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:18:42 +0530 2 Sections 333, 296, 115(2), 351(2), 191(2), 191 (3) of BNS and section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 23.05.2025 the complainant namely Ashok Gupta lodged a written report and stated that his son namely Shekhar Gupta came in the house at about 10:30 PM. from his office at that time vehicle of the accused persons were parked in front of his house then the victim has called the accused and asked to remove the vehicle to another place then the accused quarreled with the victim and left, after some time they came with bamboo stick and committed the incident, the victim and complainant suffered several injuries. On this basis the crime has been registered against the applicant and other co-accused persons for the offences U/s. 333, 296, 115(2), 351(2),191(2), 191(3) B of BNS. and section 25 & 27 of Arms act and after investigation challan has been submitted before the learned court below, Hence this application. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the two injured who are father and son and the injuries sustained by the injured are simple in nature. He would submit that the applicant has three criminal antecedents which has been disposed of and the applicant is in jail since 24/05/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant has three criminal antecedents which has been explained in para 4A of the bail application. 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, nature and gravity of offence, considering the fact that injuries sustained by the injured are simple in nature, applicant has three criminal antecedents which has been disposed of, period of detention of the applicant since 24/05/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant Shubham @ Sonu Soni, involved in Crime No.281/2025 registered at Police Station City Kotwali, Bilaspur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2), 191(2), 191 (3) of BNS and section 25, 27 of Arms Act, be released on bail on his furnishing a 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 4 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, 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. 5 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri