1 2025:CGHC:35819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5652 of 2025 Sonu Alias Vikki Yadav S/o Mohan Yadav Aged About 20 Years R/o Fuljhariyapara, Sarangarh, Thana And Tahsil - Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh S.H.O., Police Station - Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 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. 01/2025 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 296, 351(2) 118(1), 191(2)(3), 191(3), 190 and 109(2) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 31.12.2024, the applicant/accused Sonu alias Vicky Yadav, along with his co- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.26 11:51:41 +0530 2 accused, was involved in an altercation with the injured Ramesh Patel, during which the applicant allegedly stabbed Ramesh Patel in the stomach with a sharp-edged knife. It is further alleged that the co-accused assaulted Sandeep Sidar, Umesh Sidar, and Pushkar Sidar using fists, sticks, and batons. In this case, the final report has been filed against a total of five accused persons, out of whom two have been found to be juvenile offenders. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He submits that the applicant is alleged to have only assaulted the victim with hands and fists, no grievous injury was caused to the victim. He further submits that the co-accused person namely Rahul Nishad has already been granted anticipatory bail by the learned trial Court and another co-accused person namely Shivratri Shriwas has already been granted regular bail by the learned trial Court. He also submits that the applicant is in jail since 24.03.2025, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant, along with the co-accused persons, have assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, therefore, the applicant is not 3 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 24.03.2025, the fact that the applicant is alleged to have only assaulted the victim with hands and fists, no grievous injury was caused to the victim, further the fact that the co-accused person namely Rahul Nishad has already been granted anticipatory bail by the learned trial Court and another co-accused person namely Shivratri Shriwas has already been granted regular bail by the learned trial Court, charge-sheet has been filed and the 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. 7. Let the Applicant- Sonu Alias Vikki Yadav, involved in Crime No. 01/2025 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 296, 351(2) 118(1), 191(2)(3), 191(3), 190 and 109(2) of Bharatiya Nyaya Sanhita, 2023., be released on bail on their 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. 4 (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 default as abuse of liberty of bail and proceed against him in accordance with law. 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 alfiza/rahul dewangan