1 2025:CGHC:40965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5472 of 2025 Patiram Gond S/o Sukhru Gond Aged About 45 Years R/o Village - Maradabra, Police Station - Chilfi, Tahsil - Bodla, District- Kabirdham Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Chilfi, District- Kabirdham (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08 .202 5 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. 23/2025, registered at Police Station – Chilfi, District- Kabirdham (C.G.) for the offence punishable under Sections 296, 115(2), 351(1), 109(1), 117(2) of Bharatiya Nyaya Sanhita, 2023. (Corresponding Sections 294, 323, 503, 307, 325 of Indian Penal Code). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.18 10:38:30 +0530 2 2. The case of the prosecution, is that, the complainant/victim, Sukhlal Gond, lodged a report at Police Station Chilfi stating that on the night of 05.06.2025, after dinner, he was sitting outside his house with his wife when the applicant/accused, Patiram God (his younger brother), arrived and began abusing and arguing with him. Out of fear, the complainant and his wife went to the house of Ramesh Yadav in the village and sat outside. The accused followed them there, continued hurling obscene abuses, threatened to kill the complainant, and accused him of informing the police about Naxalites visiting his house. It is alleged that the accused then assaulted the complainant with a stick, striking him on the head with intent to kill, causing a severe forehead injury and bleeding. The complainant states that had Ramesh Yadav and his wife not intervened, the accused would have killed him. 3. Based on the report, Crime No. 23/2025 was registered under Sections 296, 115(2), 351(1), and 109(1) of the Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. During the investigation, the victim was examined at the Community Health Centre, Bodla, and advised a CT scan. The scan revealed a fracture in the anterior wall of the right frontal sinus, though the brain parenchyma was unremarkable. Consequently, Section 117(2) of BNS, 2023 was added. Statements of the victim and other witnesses have been recorded, relevant articles have been seized, and the applicant has been arrested. However, the charge sheet is yet to be filed, and the investigation is ongoing at Police Station Chilfi, District Kabirdham (C.G.). 3 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is the younger brother of the injured, and there was some dispute between them, on account of which, the applicant assaulted the injured, namely, Sukhlal Gond with a blunt object, the Medico-Legal Certificate (MLC) does not mention the nature of the injury. However, the CT scan report indicates a fracture of the anterior wall of the right frontal sinus. Learned counsel also submits that the applicant has no criminal antecedents and has already undergone a considerable period of incarceration since 06.06.2025. Therefore, considering the nature of the allegations, the background of a family dispute, the absence of specific injury details in the MLC, and the applicant’s clean record, he may be released on bail. 5. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is the younger brother of the injured, and there was some dispute between them, on account of which, the applicant assaulted the injured, namely, Sukhlal Gond with a blunt object, further the Medico-Legal Certificate (MLC) does not mention the nature of the injury, however, the CT scan report indicates a fracture of the anterior wall of the right frontal sinus, further the applicant has 4 no criminal antecedents and has already undergone a considerable period of incarceration since 06.06.2025, the charge-sheet has been filed, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant- Patiram Gond, involved in Crime No. 23/2025, registered at Police Station – Chilfi, District- Kabirdham (C.G.) for the offence punishable under Sections 296, 115(2), 351(1), 109(1), 117(2) of Bharatiya Nyaya Sanhita, 2023. (Corresponding Sections 294, 323, 503, 307, 325 of Indian Penal Code), 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 5 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. 9. 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 Preeti