1 2025:CGHC:33858 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5591 of 2025 Gangu Chouhan S/o Bisouha Chouhan Aged About 25 Years R/o Ward No. 17 Chamari Badnara, P S Nandghat, Tahsil And District Bemetara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Nandghat, District – Bemetara, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 17/2025, registered at Police Station – Nandghat, District – Bemetara (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(3), 3(5), 109(1), 324(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant Komal Singh Chauhan appeared before the Police Station Nandghat and submitted an oral complaint that on 07.02.2025, he was sitting in the shade of his house when Gangu Chauhan of the village, while driving his pickup No. CG-04- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 PX9058, parked it near the house of the village Kotwar Mohit Chauhan, complainant brother Khem Singh Chauhan came home from village Badnara and was opening the door of the house after parking his motorcycle in front of the house, when Gangu Chauhan reversed his vehicle fast and carelessly and hit his motorcycle, damaging it. At the same time, complainant father came out of the house and told Gangu Chauhan that he should have reversed the vehicle after looking at it. On this, Gangu Chauhan and his friend Lallu Nishad both got down from the vehicle and together started abusing his mother and sister and picking up a bamboo stick from nearby, both of them started beating his father and brother Khem Singh Chauhan. At the same time, Gangu's mother Dashoda Bai also came from her house with a bamboo stick and started abusing his mother Jethiya Bai standing nearby with the stick while abusing obscenely. Due to the said beating, his father Kumar Singh Chauhan got injured on the head and started bleeding and his brother Khem Singh Chauhan got injured on his right hand. And his mother has suffered minor injuries, at the same time, threatening to kill Lallu Nishad, Gangu Chauhan and his mother Jethiya Bai, Lallu Nishad hit him with a stick, due to which he suffered an injury in the thigh of his right leg. His father has been badly injured, On the basis of the above oral complaint, a case was registered against the accused. Hence, this application. 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 the co-accused person has been granted bail by this Court vide order dated 09.06.2025 passed in MCRC No. 3258/2025. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 19.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused persons are said to have assaulted the complainant as well as his family members, due to which they have suffered injuries, therefore, he is not entitled for grant of bail. 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 the co-accused person has been granted bail by this Court vide order dated 09.06.2025 passed in MCRC No. 3258/2025, charge-sheet has been filed against the applicant, the applicant is in jail since 19.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Gangu Chouhan, involved in Crime No. 17/2025, registered at Police Station – Nandghat, District – Bemetara (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(3), 3(5), 109(1) and 324(2) of the 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar