1 2025:CGHC:44002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6203 of 2025 Bhagwati Prasad Dewangan S/o Meelush Dewangan Aged About 26 Years R/o Ward No. 2, Baronda, P.S. Kharora, Tehsil Kharora, District : Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Kharora, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Raza Ali, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 237/2024 registered at Police Station Kharora, District : Raipur (C.G.) for the offence punishable under Section 294, 323, 506, 326 of the Indian Penal Code (for short ‘IPC’). KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 03.04.2024 the complainant lodged a report alleging that the present applicant abused and assaulted her husband. Initially, offences under Sections 294, 323 and 506 of the Indian Penal Code were registered against the applicant, and subsequently, Section 326 IPC was also added. 3. Learned counsel for the applicant submits that the earlier bail applications of the applicant were rejected by this Court on merits vide orders dated 18.07.2024 and 07.03.2025 in MCRC Nos.4195 of 2024 and 1791 of 2025, respectively, therefore this third bail application is filed on the ground that the case is triable by the Judicial Magistrate First Class and, till date, only six witness including the injured have been examined, out of fifteen witnesses. The prosecution has failed to produce its remaining witnesses before the trial Court and, therefore, there is no likelihood of completion of the trial in the near future. It is further submitted that while rejecting the first bail application of the applicant, this Court had directed the trial Court to conclude the trial preferably within a period of six months. However, the trial could not be concluded as the prosecution failed to examine its witnesses. Thereafter, CRMP in office reference bearing No. 436/2025 was listed before this Court for extension of time, which was allowed vide order dated 04.02.2025, granting a further period of two months to conclude the trial, thereafter, again vide order dated 17.06.2025, this Court in office reference has granted further two months time for conclusion of the trial, despite the fact that time has been extended three times 3 for the conclusion of the trial, but the same has not yet been concluded and the applicant is languishing in jail since 07.04.2024, the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant assaulted the injured, as a result of which, he sustained grievous injuries i.e. parietal fracture on outer table right frontal bone with over line soft tissues laceration, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the third bail application of the applicant and earlier bail applications of the applicant were rejected by this Court vide orders dated 18.07.2024 and 07.03.2025 in MCRC Nos.4195 of 2024 and 1791 of 2025, respectively on the ground that the injury sustained by the injured is grievous in nature, so far as present bail application is concerned, present bail application has been filed on the ground that despite having been granted time on three occasions by this Court for the conclusion of trial, the prosecution has, till date, recorded the statements of only six witnesses out of fifteen witnesses, further charge-sheet has already been filed in the present case and applicant is languishing in jail since 07.04.2024, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant-Bhagwati Prasad Dewangan, involved in Crime No. 237/2024 registered at Police Station Kharora, District : Raipur (C.G.) for the offence punishable under Section 294, 323, 506, 326 of IPC, 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 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 5 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 for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal