1 2025:CGHC:32291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5405 of 2025 Loknath Rajput @ Loku S/o Duje Ram Rajput Aged About 24 Years R/o Chantidih Ashok Nagar, Block No. 56, House No. 15, P.S. Sarkanda, Dist. Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Sarkanda, Dist. - Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Anamika Jain, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 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. 184/2025 registered at Police Station Sarkanda, Dist. - Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 326(G), 331(5) and 118(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 & 27 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Arms Act. 2. Case of the prosecution, in brief, is that the complainant filed a report at P.S. Sarkanda stating that on 01.02.2025, at around 1:30 A.M., the accused, Loknath Rajput, knocked on the door of the complainant's residence. Upon opening the door, the accused allegedly forced his way in and poured petrol on the complainant, his companions, and inside the house. When the complainant tried to stop him, the accused used abusive language and assaulted him with a sharp object, causing injuries. The accused then set the house on fire and threatened to kill the complainant and his family, which led to the registration of the alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that there was no any dispute or altercation happened between the applicant and the complainant / injured, only on account of previous animosity of complainant with the applicant, present applicant has been made an accused in the case. The applicant is in jail since 05.04.2025, the applicant has seven criminal antecedents, out of which, in one case applicant has already been acquitted and in one case the matter has already been compromised between the parties, rest of the five cases are pending against him, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is accused of assaulting injured with a sharp weapon, as a result of which, injured sustained injuries on his person, so far as criminal antecedents of the applicant are concerned, applicant has seven criminal antecedents, out of which, five cases are pending against him, therefore, he is not entitled for grant of bail. 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, period of detention of the applicant since 05.04.2025, though prima facie it appears that the applicant is alleged to have assaulted the injured / complainant with sharp edged weapon i.e. knife, as a result of which, injured sustained injuries on his person, but the injuries sustained by the injured are found to be simple in nature, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. Let the Applicant - Loknath Rajput @ Loku, involved in Crime No. 184/2025 registered at Police Station Sarkanda, Dist. - Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 326(G), 331(5) and 118(1) 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:- 4 (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, 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil