1 2025:CGHC:32073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5392 of 2025 Dilip Railwani @ Bhandari S/o Kishanchand Railwani, Aged About 27 Years R/o Smart City Road In Front Of Navin Market Nehru Nagar Bilaspur At Present R/o Near Durga Chowk Patwari Line Samnapur District Dindauri (Madhya Pradesh) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. City Kotwali Mungeli Distt. Mungeli (C.G.) ... Non-Applicant(s) For Applicant : Mr. Dheerendra Pandey, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 383/2024 registered at Police Station City Kotwali, Mungeli District Mungeli, (C.G.) for the offence under Sections 118(1), 61(2) and 109(1) of BNS Act 2023. 2. Case of the prosecution, in brief is that on 04.10.2024 at around KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 8.10 pm, the complainant Ritika Keshwani was going to her house from the house of her acquaintance Suraj Magalini on her Activa along with her sister-in-law Poonam Rupwani and as soon as she reached a little ahead of ARC School Mungeli, at the same time a person wearing a blue T- shirt, with a mask on his face came on an old motorcycle and hit the complainant on the neck with a sharp object, due to which the complainant got injured on the neck. On the basis of the written complaint submitted by the complainant, a case was registered against an unknown person by the City Kotwali Police Station Mungeli and investigate the matter during the course of investigation, police has recorded the statement of the complainant and inspect the incident took place and on the basis of the CCTV footage arrested the present applicant and recorded the memorandum statement of the applicant as per the memorandum statement arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is said to have assaulted the injured by knife on account of which, the complainant/injured suffered simple injury as it apparent from MLC report of the injured and further the applicant has two criminal antecedents out of which in one case, the applicant has been acquitted and only one is pending against him and in the present case, charge-sheet has been filed before the competent Court further the co-accused person namely Rajkumar Keshwani has already been granted bail by this Court in MCRC No. 4817/2025, vide order dated 24.06.2025 and the applicant is in jail since 19.04.2025 and the conclusion of the trial is likely to take some time 3 therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit in the present case, charge-sheet has been filed before the competent Court and the applicant has two previous criminal antecedent which has been explained in the bail application of para No.4(A). She further submits that the applicant is said to have caused injury to the injured by knife however, the injuries were found to be simple in nature which was apparent from MLC report of the injured, nevertheless, 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 levelled against the applicant and the fact that the applicant is said to have assaulted the injured by knife on account of which, the complainant/injured suffered simple injury as it is apparent from MLC report of the injured and further the applicant has two criminal antecedents out of which in one case, the applicant has been acquitted and one is pending against him and in the present case, charge-sheet has been filed before the competent Court further the co-accused person namely Rajkumar Keshwani has already been granted bail by this Court in MCRC No. 4817/2025, vide order dated 24.06.2025 and the applicant is in jail since 19.04.2025 and the conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Let the Applicant – Dilip Railwani @ Bhandari, involved in Crime No. 383/2024 registered at Police Station City Kotwali, Mungeli District Mungeli, (C.G.) for the offence under Sections 118(1), 61(2) and 109(1) of BNS Act 2023, be released on bail on furnishing personal bond with two local 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 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, 5 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 Kunal