1 2025:CGHC:33053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5508 of 2025 Durgesh Sahu S/o Chhanu Ram Sahu Aged About 22 Years R/o Kogia Kala, P.S. - Parpodi, Tehsil And District - Bemetara Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Jamul, District - Durg Chhattisgarh. ... Respondent For Applicant : Ms. Sweksha Sharma, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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.145/2025 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 19:09:34 +0530 2 Sections 296, 115(2), 140(2), 61(2)(क) 3(5) and 351 (3) of Bharatiya Nyaya Sanhita, 2023 (Section 351 (3) of Bharatiya Nyaya Sanhita, 2023 added at the time of filing of charge sheet and hence not mentioned in the impugned order). 2. Case of the prosecution, in brief, is that on 18.03.2025, the complainant and victim were returning from the wine shop at around 10 PM when a car stopped and four people came out started assaulting the victim Tokesh Sahu, the applicant and co accused persons kidnapped the victim Tokesh Sahu in their car and assaulted him threatening him that he should not marry one of the co-accused person namely Hem Kumari and then left him in the middle of the road. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. She would submit that victim Tokesh Sahu was to be married to co-accused Hem Kumari, who had refused for marriage. The victim was demanding his money back for which the applicant along with co-accused persons met the victim and complainant. They all consumed alcohol and an altercation took place after which the instant FIR has been registered. She would submit that the co-accused Hem Kumari has already been granted bail by the Learned Trial Court and co-accused Amit Verma has been granted regular bail by this court in MCRC No.5430/2025 on 11/07/2025, charge sheet has been filed and he is in jail since 20/04/2025 and conclusion of trial will take some time, therefore, 3 she prays for grant of bail to the applicant. 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 would submit that the applicant has no previous criminal antecedents. 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, considering the fact that co-accused Hem Kumari has already been granted bail by the Learned Trial Court and co-accused Amit Verma has been granted regular bail by this court in MCRC No.5430/2025 on 11/07/2025, period of detention of the applicant since 20/04/2025, charge sheet has been filed and trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Durgesh Sahu, involved in Crime No.145/2025 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under Sections 296, 115(2), 140(2), 61(2)(क) 3(5) and 351 (3) of Bharatiya Nyaya Sanhita, 2023, 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:- 4 (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) 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 5 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 gouri