1 2025:CGHC:34606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5674 of 2025 Hiteshwar Alias Pradhan S/o Shri Anjor Singh Markam Aged About 21 Years Resident Ward No. 02 Jangalpara Nagari, Nagari, Police Station Nagari, District Dhamtari (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through District Magistrate, Dhamtari, District Dhamtari,(C.G.) 2 - Station House Officer Police Station Nagari District Dhamtari (C.G.) ... Non-applicants For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.93/2024 registered at Police Station Nagari, District - Dhamtari (C.G.), for the offences punishable under Sections 118(1), 309(6) of the BNS 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.21 19:30:04 +0530 2 2. That, as per the prosecution case, in brief, is that On 23-11-2024, at around 05:30 pm, the Complainant, left for his village Dabgaon and reached near Karraghati Chameda Mod Tiraha, when three unknown persons came from behind on a scooty and turned the key of his motorcycle, due to which the vehicle turned and got up, then two unknown masked persons caught his hand and the third person put a knife on his neck and put his hand in his pocket and took out Rs 200/- and saying that he has nothing, all three, in collusion, abused him and stabbed him in the back of the right hip with a sharp weapon. The scooty on which the three persons had come was black in colour and did not have a number plate. When the Complainant lodged a report of the above incident at the Nagari police station, under Crime No. 93/2024, Section 118 (1), 309 (6) of the BNS, 2023 was registered against the unknown accused and investigation proceedings were started. During the investigation, the accused of the case, Dheeraj Bisen and Hiteshwar Markam, were taken into custody and a memorandum statement was recorded. According to the memorandum statement of accused Dheeraj Bisen, the vehicle used in the incident was the scooty and on the basis of the memorandum statement of accused Hiteshwar Markam alias Pradhan, the sharp knife used in the incident was seized.. 3. The applicant has been falsely implicated in the present case and denies committing any offence as alleged. This is the applicant’s first bail application, and she has been in jail since 24.11.2024. The charge sheet has already been filed, and only the complainant has been examined so far. The evidence against the applicant is weak, consisting mainly of her memorandum statement, the co-accused's 3 statement, and the seizure of a knife, which is not conclusively linked to the crime. No money was recovered from her, and there is no direct evidence of her involvement or conspiracy. The delay in trial and continued incarceration serve no meaningful purpose. Furthermore, the co-accused, Gyanendra Netam, has already been granted bail by this Hon’ble Court in MCRC No. 2550 of 2025, , therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as per the case diary, the injuries received by the injured are simple in nature. Moreover, the present applicant has one criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicant is in jail since 24.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Hiteshwar Alias Pradhan, involved in Crime No.93/2024 registered at Police Station Nagari, District - Dhamtari (C.G.), for the offences punishable under Sections 118(1), 309(6) of the BNS 25 and 27 of the Arms Act., be released on bail on furnishing personal bond with two local 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 4 that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. 5 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav