1 2025:CGHC:43679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5684 of 2025 Mohit Borkar S/o Deepak Borkar A/a Aged About 19 Years R/o Ganpati Nagar Near Ruchi Riya Sari Center Changorabhata District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Dindayal Nagar District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Shrivastava, Advocate. For Non-Applicant/State : Mr. S.S. Ubeja, Panel Lawyer. For Objector : Mr. Rakesh Kumar, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 119/2025, registered at Police Station - Deendayal Nagar District - Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) & 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act. 2. The prosecution case, in brief, is that the complainant, Chandan Singh Thakur, has lodged a report in the Deendayal Nagar Police Station to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 12:00:47 +0530 2 the effect on 14-03-25 at around 5-00 pm, Laxya Ras alias Dadu called him and told him that he had been abused by Iranshu Dewangan Near Kali Murti and has also been asked to come near Asshadeep School. Then Sonu Thakur, Chandan Thakur, Duleah Sahu all went near Ashadeep School where Iransu Devangan. Applicant (Mohit), Om Kataria and other people were already standing there. On seeing them, they threatened to kill the complainant and started abusing, being to abuse, Iransu Devangan, Applicant (Mohit), Om Kataria all three together started beating Lakshya alias Dadu with hands, fists and some sharp object. Sonu Thakur Chandan Thakur and Dulesh Sahu went to intervene and then Iransu Devangan, Mohit Borkar, Om Kataria all three together beat him with hands, fists and some object on the three fingers of his left hand. Due to the beating, all the three fingers of his left hand and Lakshya's both the hands and stomach got injured. Hence the present F.I.R. lodged and the applicant and other co-accused were arrested, the chargesheet has been filed by the police station Deen Dayal Nagar Raipur (C.G) before the learned Judicial Magistrate First Case Raipur (C.G.). 3. That the applicant is a 19-year-old student who has been falsely implicated in the present case. The allegations against him are vague and generalized, without any specific overt act attributed to him, and the charge under Section 109(1) of BNS appears to have been deliberately added, as except this offence, all other alleged offences are bailable. The prosecution story itself reflects that it was a case of free fight between both parties, with allegations and counter- allegations, and there is no evidence of any common intention to 3 cause injury or murder. The medical opinion and the police version cannot by themselves determine culpability, as the ultimate assessment rests with this Hon’ble Court. The alleged injuries are not specifically attributed to the applicant, and there is no credible material connecting him with the weapon or the alleged act. His detention is unjustified, illegal, and detrimental to his career prospects, as continued incarceration would irreparably harm his education and future opportunities. The applicant is a permanent resident with family and property in Raipur, has no likelihood of absconding or tampering with witnesses, and is ready to furnish surety and abide by any conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant and submitted that the charge-sheet has not yet been filed before the competent Court in the present case and that the applicant has one criminal antecedent. It is further submitted that the present applicant assaulted the injured, causing him severe injuries, and therefore he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that complainants have sustained injuries which are stated to be grievous in nature, but keeping in view that there are allegations and counter-allegations against each other, 4 and further that the charge-sheet has already been filed, the applicant has been in jail since 23.03.2025, and the conclusion of the trial is likely to take some time, I am of the considered opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Mohit Borkar, involved in Crime No. 119/2025, registered at Police Station - Deendayal Nagar District - Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) & 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, be released on bail on his furnishing a 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 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 his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 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 vaibhav