1 2025:CGHC:7081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 335 of 2025 Sahil Khan S/o Badruddin Khan Aged About 19 Years R/o- Kharora, Ward No. 3, Police Station- Kharora, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Kharora, District- Raipur (C.G.) ... Respondent(s) For Applicant : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 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. 35/2024 registered at Police Station Kharora, District- Raipur (C.G.) for the offence under Sections 307/34 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief is that on 11.01.2024 Khuman Sahu was taken to the vegetable market when the accused along with others arrived accused used filthy language and allegedly attacked Khuman with a knife, the accused also threatened Khuman's life, a report was 2 lodged at the Police Station concerned and an FIR was registered against the accused under relevant Sections for the alleged crimes, after the incident, Hirendra Sahu, the brother-in-law of the injured Khuman Sahu, reported the matter to the Police. Consequently, the police registered an FIR against the accused/applicant and other accused persons for offenses punishable under sections 307/34 of the IPC. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 4 criminal antecedents registered against the present applicant out of which 2 have been disposed of and 2 are pending. It is further submitted that though the applicant is said to have assaulted the injured with knife who suffered injuries on right side of chest in 1x1.5 cm., whereas the other injuries of 1x1 cm. on the right thigh, which are grievous in nature as per query report, and also the injury was dangerous to life, but it is stated that the trial is in progress and the charges have been framed on 05.12.2024. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.01.2024 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 opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with knife who suffered injuries on right side of chest in 1x1.5 cm., whereas the other injuries of 1x1 cm. on the right thigh, which are grievous in nature as per query report, and also the injury was dangerous to life, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 4 criminal antecedents registered against the present applicant out of which 2 have been disposed of and 2 are pending, charge-sheet has been filed against the applicant, though the applicant is said to have assaulted the injured with knife who suffered injuries on right side of chest in 1x1.5 cm., whereas the other injuries of 1x1 cm. on the right thigh, which are grievous in nature as per query report, and also the injury was dangerous to life, but it is stated that the trial is in progress and the charges have been framed on 12.01.2024, the applicant is in jail since 18.03.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let the Applicants - Sahil Khan, involved in Crime No. 35/2024 registered at Police Station Kharora, District- Raipur (C.G.) for the offence under Sections 307/34 of IPC, be released on bail on 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his 4 counsel. In case of his absence, without sufÏcient 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 sufÏcient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA