1 2025:CGHC:2294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 314 of 2025 1. Lakeshar Khunte S/o Mohanlal Khunte Aged About 28 Years R/o Village Sonadah, Police Station Birra, District- Janjgir-Champa, Chhattisgarh. 2. Kamal Khunte S/o Mohanlal Khunte Aged About 24 Years R/o Village Sonadah, Police Station Birra, District- Janjgir-Champa, Chhattisgarh. 3. Mohanlal Khunte S/o Lt. Tika Khunte Aged About 48 Years R/o Village Sonadah, Police Station Birra, District- Janjgir-Champa, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through S.H.O. Police Station Birra District- Janjgir-Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 18:54:14 +0530 2 regular bail, as they have been arrested in connection with Crime No. 160/2024, registered at Police Station – Birra, District - Janjgir- Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 191(2) and 109 of Bharatiya Nyaya Sanhita, 2023(‘B.N.S.’). 2 The case of the prosecution, in brief, is that on 09.12.2024, Sub Inspector Teejram Jangde of Police Station-Birra filed a complaint stating that Rajkumari Khunte visited the Police Station from her maternal home and requested to be dropped at her in-laws' house in village-Sonadah. Following the police station in-charge's instructions, Lady Constable Ritu Lahare escorted Rajkumari to her in-laws' house on her scooter. Upon arrival, Rajkumari's husband, Lakeshar Khunte, brother-in-law Kamal, father-in-law Mohan Lal, mother-in-law Urmila, and second wife, Rani, allegedly assaulted her, saying, "Bastard had left the house. Now she has come here again to get buried." They reportedly hit her with their hands, fists, and kicks, causing a severe head injury that left her bleeding and unconscious. Lady Constable Ritu Lahare immediately alerted the Police Station in-charge, who intervened with the staff and took Rajkumari to CHC Bamhnidih in a government vehicle. A crime was registered under various sections of the Bhartiya Nyaya Sanhita, 2023, and the accused/applicants were arrested on 10.12.2024. After investigation, a charge sheet was filed, leading to this bail application. 3 It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. He further submitted that there are total 5 accused persons out of which two are lady who have been granted bail by the Sessions Court. It is further submitted that the applicants have thrown the injured on 3 the ground on account of which she sustained injuries and on perusal of medical report of the injured, it appears that there is one lacerated wound over frontal region, swelling over right parietal region, abrasion wound over left parietal region and depression over the right temporal region and on perusal of the MLC report, it is stated that the injured was in semi-conscious state so her statement cannot be taken, further, the injury has been caused by the hard and blunt object but there is no X-ray report to show any internal injury caused to the injured. He later submitted that the charge-sheet has been filed and the applicants are in jail since 10.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been submitted before the competent Court. She further submitted that the applicants along with other co-accused persons assaulted the victim and hit her with their hands, fists, and kicks, causing a severe head injury that left her bleeding and unconscious. Therefore, they are not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that though the injury has been caused by the hard and blunt object to the injured but there is no X-ray report available to show any internal injury caused to the injured, further out of total 5 accused persons, two have already been granted bail by the trial Court, further considering that the applicants have no previous criminal antecedents, 4 the charge-sheet has been filed and they are in jail since 10.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant No.1,2 and 3, namely, Lakeshar Khunte, Kamal Khunte and Mohanlal Khunte respectively, involved in Crime No.160/2024, registered at Police Station – Birra, District - Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 109 of Bharatiya Nyaya Sanhita, 2023(‘B.N.S.’), be released on bail on each of them 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 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, 5 proclamation under Section 84 of BNSS. is issued and the applicants fails 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 sufÏcient 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 OfÏce 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 Preeti