1 2025:CGHC:32078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5379 of 2025 Kawyanshu Vinodia S/o Rajkumr Vinodia Aged About 21 Years R/o Udai Chowk Katiyapara, P.S. City Kotwali Bilaspur, Distt Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. City Kotwali Bilaspur, Dist. Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate. For Respondent(s) : 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 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. 281/2025 registered at Police Station City Kotwali Bilaspur, Dist. Bilaspur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2), 191(2), 191(3) of BNS and Section 25 and 27 of Arms Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant, Ashok Gupta, filed a report at the City Kotwali Police Station in Bilaspur, alleging that on 23.05.2025, at around 10:30 P.M., his son, Shekhar Gupta, was putting his motorcycle inside the house. At that time, some boys whose motorcycles were parked in front of their house were asked by his son to move them to the side. This led to a dispute, and the accused, Mithilesh Singh, Rahul, and Shubham Soni, along with their associates, Kavyaanshu (present applicant), Rohan Sahu, and Himanshu Yadav, trespassed into the house and assaulted the complainant and his son with hands, fists, sticks, and kicks. During the altercation, the complainant sustained chest injuries, while his son suffered injuries to the head, neck, and leg. The accused, Rahul Singh, brandished a knife, used abusive language, and threatened to kill them, which led to the registration of present FIR against the applicant. During the investigation, the memorandum statements of the accused, Rahul Singh, Mithilesh, and Shubham Soni, were recorded. Pursuant to the memorandum statement, a steel knife and stick used in the incident were seized from the accused Rahul Singh's possession. During the investigation, Sections 3(5) of the BNS were removed, and Sections 191(2), 191(3) of the BNS, and Sections 25 and 27 of the Arms Act were added. After completing the investigation, the accused were arrested, and the charge sheet was filed. 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 3 in question. He further submits that similarly situated co-accused, namely, Shubham @ Sonu Soni from whose possession a stick has been recovered has already been granted regular bail by this Court vide order dated 07.07.2025 in MCRC No.5234 of 2025. The applicant is in jail since 24.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith his associates allegedly trespassed into the house of the complainant, assaulted him and his son with hands, fists, sticks, and kicks, as a result fo which, the complainant sustained chest injuries, while his son suffered injuries to the head, neck, and leg, further the accused, Rahul Singh, brandished a knife, used abusive language, and threatened to kill them, further there is a recovery of stick from the possession of present applicant, therefore, the applicant 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 24.04.2025, the fact that though the applicant alongwith his associates allegedly trespassed into the house of the complainant, assaulted him and his son with hands, fists, sticks, and kicks, as a 4 result fo which, the complainant sustained chest injuries, while his son suffered injuries to the head, neck, and leg, further the accused, Rahul Singh, brandished a knife, used abusive language, and threatened to kill them, but one of the co-accused persons, namely, Shubham @ Sonu Soni from whose possession a stick has been recovered has already been granted regular bail by this Court vide order dated 07.07.2025 in MCRC No.5234 of 2025 and the case of present applicant is identical to that of the aforesaid co-accused, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and charge-sheet has been filed in the present ase, 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-Kawyanshu Vinodia, involved in Crime No. 281/2025 registered at Police Station City Kotwali Bilaspur, Dist. Bilaspur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2), 191(2), 191(3) of BNS and Section 25 and 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:- (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 5 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