1 2025:CGHC:33487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5561 of 2025 Chandrakeshwar Tiwari @ Lala S/o Late Shri Bhagirathi Tiwari Aged About 44 Years R/o Vill. - Siladehi, P.S. And Tah. - Birra, District Janjgir- Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O., P.S. - Birra, District Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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. 24/2025 registered at Police Station Birra, District Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The case of the prosecution, in brief, is that the complainant, Devkumari Sahu, mother of the victim, lodged a complaint on 17.03.2025 stated that her elder son, Vinod Sahu, runs a dhaba near Siladehi Bridge and usually stays, there at night. She further stated that in the early hours of 17.03.2025, at around 2:00 A.M., the police from Police Station Birra arrived at their residence and informed them that her son, Vinod Sahu, had been assaulted and was lying injured at the location. The complainant, along with other family members, rushed to the spot. Upon inquiry, the victim informed them that Chandrashekhar Tiwari, alongwith two unknown persons, had assaulted him with wooden sticks, causing injuries to both his legs and hands. Based on the complaint, Police Station Birra registered Crime No. 24/2025 on 17.03.2025 for the alleged offences punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 294, 323, 506, 326, and 34 of the Indian Penal Code), and arrested the present applicants along with a co-accused on 18.03.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the identically situated co-accused persons, namely, Vijay Sahu and Deepak Kumar Sahu have already been granted bail by this Court vide common order dated 02.07.2025 in MCRC No.2966/2025. The applicant is in jail since 18.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, 3 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 though the applicant has no criminal antecedent, but he is alleged to have assaulted the injured with wooden stick alongwith other co-accused persons, as a result of which, the injured sustained multiple fractures in both his legs and hands, therefore, 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 18.03.2025, the fact that though the applicant is alleged to have assaulted the injured with wooden stick alongwith other co- accused persons, as a result of which, the injured sustained multiple fractures in both his legs and hands, but co-accused persons, namely, Vijay Sahu and Deepak Kumar Sahu have already been granted bail by this Court vide common order dated 02.07.2025 in MCRC No.2966/2025 and the case of present applicant is identical to that of the co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 4 7. 4 7. Let the Applicant - Chandrakeshwar Tiwari @ Lala, involved in Crime No. 24/2025 registered at Police Station Birra, District Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of BNS, 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 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) 5 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil