1 2025:CGHC:41248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5651 of 2025 • Ashish Sarthi @ Surya S/o Sanju Sarthi, Aged About 19 Years R/o Diksha Nagar Adarsh Karma, School Ke Pass, Gudiyari, District Raipur (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through Police Station Gudiyari, District Raipur (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Mr. Nitansh Kumar Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 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.222/2025 registered at Police Station- Gudiyari, District-Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 333, 333(6), 351(2), 324(6), 3(5), 191(1) & 191(2) of BNS, 2023. 2. As per the case of the prosecution story, in brief, is that on 23.04.25 at about 4.25 pm the complainant namely Smt. Nadu Kanwar has VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.18 17:34:20 +0530 2 lodged oral report stating that the quarrel started between co-accused Rekha Agrawal and complainant due to which co-accused Rekha Agrawal started abusing with filthy language and threatened for life with her friends. Thereafter co-accused Rekha Agrawal along with her friends entered the house of complainant and assaulted her with the help of stick and the complainant received injury thereafter police has registered the FIR against the co-accused Rekha Agrawal and her friends, on the basis of memorandum of co-accused persons the present applicant has been implicated in this case. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in crime in question and it has been argued by learned counsel for the applicant that there was a quarrel took place between the complainant and co-accused namely Rekha Agrawal and she assaulted the complainant with the help of stick and the complainant received injury, only on the basis of memorandum statement of co-accused, present applicant has been implicated in the present case. He also submits that other co-accused person have been granted bail by the trial Court and other co-accused persons namely Shankar Soni and Sanju Dhruv bail application has been rejected MCRC No.4266 of 2025 vide order dated 30.07.2025. He further submits that it was an accidental death. The applicant is in jail since 29.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that applicant has three previous criminal antecedent, out of which two 3 cases are disposed of, looking to the nature and gravity of the offence, they are not entitled for grant of regular 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 allegation levelled against the applicant and further considering the fact that there was a quarrel took place between the complainant and co-accused namely Rekha Agrawal and she assaulted the complainant with the help of stick and the complainant received injury, only on the basis of memorandum statement of co-accused, present applicant has been implicated in the present case, he is in jail since 29.04.2025, the fact that applicant has three previous criminal antecedent, out of which two cases are disposed of,, the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Ashish Sarthi @ Surya involved in 222/2025 registered at Police Station-Gudiyari, District-Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 333, 333(6), 351(2), 324(6), 3(5), 191(1) & 191(2) of BNS, 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 4 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 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali