1 2025:CGHC:31445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5287 of 2025 1 - Ramnarayan Sahu S/o Ajeet Sahu Aged About 64 Years R/o- Village Mudhiparr Ps- Bilha Tehsil- Bilha District - Bilaspur Chhattisgarh 2 - Indra Kumar Sahu S/o Ramnarayan Sahu Aged About 40 Years R/o- Village Mudhiparr Ps- Bilha Tehsil- Bilha District - Bilaspur Chhattisgar 3 - Ajeet Sahu S/o Late Devlal Sahu Aged About 85 Years R/o- Village Mudhiparr Ps- Bilha Tehsil- Bilha District - Bilaspur Chhattisgar ... Applicants versus 1 - State Of Chhattisgarh Through - Police Station - Bilha District - Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Himanshu Kumar Sharma, Advocate For Respondent : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 grant of regular bail to the applicant who have been arrested in connection with Crime No.249/2025 registered at Police Station Bilha, District-Bilaspur (C.G.) under Section 296, 115(2), 351(3), 118(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 15.06.2025, complainant Balram Sahu filed a complaint to Police Station- Bilha, District-Bilaspur (C.G.) regarding injury by fight. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and there is a family dispute between the complainant and accused persons. He also submits that applicants are old aged persons and complainant is grandson of applicant No.3. He also submits that applicant No.2 is son of applicant No.1 and applicant No.1 is son of applicant No.3 and they have no previous criminal antecedents. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application and submits that the charge-sheet has not been filed in the present case before the competent Court and also endorse the submission that there is a family dispute regarding property and complainant is a grandson of applicant No.3, further applicants have no previous criminal antecedents, but looking to the conduct of the applicants, they are not entitled for grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case and also considering the fact that there is a family dispute regarding property between the complainant and applicants, complainant is a grandson of applicant No.3, further applicants have no previous criminal antecedents, looking to the age of present applicants, who are aged about 64 years, 40 years and 85 years respectively and they are in jail since 15.06.2025 and the trial is likely to take 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. Let the Applicants – Ramnarayan Sahu, Indra Kumar Sahu and Ajeet Sahu involved in Crime No.249/2025 registered at Police Station Bilha, District-Bilaspur (C.G.) under Section 296, 115(2), 351(3), 118(2), 3(5) of BNS., be released on bail on their 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. 4 (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. 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 vaishali