1 2025:CGHC:39588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5321 of 2025 Ajay Nishad S/o Shri Kanhaiya Nishad, Aged About 21 Years R/o Baldakachhar, P.S. And Tehsil Kasdol, Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh ...Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Kasdol, District Baloda Bazar Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Rakesh Kumar Manikpuri, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 365/2025 registered at Police Station : Kasdol District – Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 118(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story, the complainant Vijay Nishad lodged the complaint stating that on 26.05.2025 at about 08:00 pm his neighbor, present applicant was using filthy language against his sister-in-law VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.08 11:03:45 +0530 2 (Bhabhi), that his sister-in-law stopped him to use filthy language against her then the applicant threatened to kill her, made assault with her with hand and gloves and cut her middle finger using is teeth. That after the incident the victim informed her family member and lodged the complaint against the applicant. That on the complaint of the complainant P.S. Kasdol registered the Crime No. 365/2025 on 03.06.2025 for the alleged offences punishable U/s 296, 115(2), 351 (3), 3(5), 118(2) of B.N.S. (294, 323, 506, 326 and 34 of I.P.C.) against the accused and arrested the present applicant on 03.06.2025 despite the fact that the applicant has not committed any offence as alleged against him and he has been falsely implicated in the present crime, that the applicant has not cut the finger of the victim and he has not caused any grievous injury to the victim. That the victim and present applicant are neighbors and there is chance of development of cordial relation between the families, that the long detention of the applicant would frustrate the same. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has not caused any injury to the victim and he has been falsely implicated and there is no evidence to connect the applicant with the alleged offences. He further submits that there is one another co-accused in this crime number and he has already been released on bail by the trial Court. He further submits that the present applicant is in jail since 03.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, one co-accused has already been granted bail by the trial Court, and the charge sheet has been submitted before the competent Court. The applicant has been in jail since 03.06.2025, and the conclusion of the trial may take some more time. Therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Ajay Nishad, involved in Crime No. 365/2025 registered at Police Station : Kasdol District – Baloda Bazar Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 118(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav