1 2025:CGHC:31713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5323 of 2025 1. Durgesh Yadav Alias Gajni S/o Mr. Netram Yadav Aged About 19 Years R/o 51/1798, Sangharsh Nagar, Ashwani Nagar, P/s Purani Basti, Raipur, Chhattisgarh (In Jail) 2. Ghanshyam Kumar Yadav Alias Suwa S/o Mr. Ramkumar Yadav Aged About 22 Years R/o Ashwani Nagar, P/s Purani Basti, Raipur Chhattisgarh (In Jail) 3. Ritik Yadav Alias Deepak Yadav S/o Bhuwan Yadav Aged About 24 Years R/o Jai Baba Stores Ashwani Nagar, P/s Purani Basti, Raipur, Chhattisgarh (In Jail) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station - Purani Basti District - Raipur Chhattisgarh ... Non-applicant For Applicants : Mr. Balraj Gupta, Advocate on behalf of Mr. Suryakant Puri Goswani, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.10 10:34:50 +0530 2 regular bail, as they have been arrested in connection with Crime No. 190/2025, registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant lodged a report on 12.05.2025 at the Purani Basti Police Station. On 11.05.2025 at around 11:10 p.m., the complainant, along with Lokesh, went to meet his friend Priyanshu near Ashwini Nagar Sulabh, where Deepak Yadav, Ghazni Yadav, Suva alias Suraj, and Shiva Nishad were standing. At that time, Deepak Yadav caught hold of Lokesh Sahu’s collar and started putting his hands into his and the complainant’s pockets, demanding money for buying drugs. When they refused to give money, all four of them started abusing the complainant’s mother and sister in vulgar language and assaulted him with fists, pieces of stone, and a belt, due to which he sustained injuries on his head. A crime was registered based on the said report, and on the above basis of the complaint, the applicants were arrested. 3. Learned counsel for the applicants submits that the present applicants are innocent person who have been falsely implicated in the present case. He submits that the police did not conduct a proper enquiry into the incident before registering the FIR against the applicant, and the applicant has falsely been implicated as an accused in this offence based upon false and baseless allegations. He submits that the applicants have neither committed the alleged offence nor were they involved in the present crime. They were wrongly arrested by the police on the basis of false allegations made by the complainant. The 3 version of the complainant’s story is incorrectly established. The truth is that the complainant and the applicants are family relatives and were familiar with each other. On 11.05.2025, the complainant, along with his friend Lokesh Sahu and others, due to previous enmity, had a quarrel with the present applicants near their home, Jagannath Temple, during which Lalit Yadav (younger brother of accused Ghanshyam Yadav) was beaten with sticks and fists, due to which he sustained injuries and fell unconscious on the ground. While resisting the said offence, the present accused/applicants intervened in the fight and were subsequently arrested. The Purani Basti Police also lodged an FIR against the present complainant, bearing Crime No. 192/2025, which is annexed herewith as ANNEXURE A/3. He also submits that a counter FIR has been registered against the complainant relating to the same dispute, which is under investigation. In the present case, the investigating agency has falsely registered an offence under Section 119(1) of the B.N.S. against the applicants.. He further submits that injuries of the injured is simple in nature. He submits that the applicant No. 01 and 02 have no criminal antecedents, whereas, the applicant No. 03 has 02 criminal antecedents under the IPC, in which the applicant has already been acquitted. He submits that the applicants have been in jail since 12.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 4 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 injury received by the injured person found to be simple in nature and further, the charge- sheet has already been submitted before the competent Court in the present case and the applicants are in jail since 12.05.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Durgesh Yadav Alias Gajni, Ghanshyam Kumar Yadav Alias Suwa and Ritik Yadav Alias Deepak Yadav involved in Crime No. 190/2025, registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following 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 5 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 misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 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 them 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