1 2025:CGHC:38430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6009 of 2025 Lalit Soni S/o Bharat Soni Aged About 28 Years (Bhagat Soni Wrongly Mentioned In Order Sheet) Profession - Private Job, Cast- Sonar, R/o Gram Darripara (Fullwari), Police Station Manipur, Tahsil- Ambikapur District- Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Sadar Police Station - Ambikapur, District- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rahul Goswami, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Nikhil Wadhwani, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 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. 202/2025 registered at Police Station Sadar Police Station - Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 191(2), 191(3), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 190, 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on the incident date, March 22, 2025, at 9 PM, the applicant was sitting in his Scorpio vehicle (CG-15 DZ-9432) outside his gym when Sushant Singh alias Anshu attacked him with a knife, intending to kill him. The applicant defended himself, exited the vehicle, and a half-naked person, Lalit Soni, attacked him with an iron rod. Others, including Lalla Yadav and Satyam Singh, joined in, chasing the applicant with various weapons. The applicant took refuge inside the gym to save his life. The said incident led to the registration of alleged offence against the applicant, and the investigation is ongoing. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no any seizure of weapon of assault has been made from the possession of the applicant, so far as co-accused persons are concerned, one co- accused has been granted bail by the trial Court and some co- accused persons have been granted anticipatory bail this Court. He also submits that the complainant has no objection, if the present applicant has been granted bail. The applicant is in jail since 11.06.2025, the applicant has two criminal antecedents of the year 2022 under the IPC, charge-sheet has not 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. Learned State Counsel opposes the bail application and submits 3 that the charge-sheet has not been filed in the present case. He further submits that the applicant alongwith other co-accused persons allegedly assaulted the injured with knife and iron rod, intending to kill him, as a result of which, the injured sustained injuries on his person, so far as criminal antecedents of the applicant are concerned, applicant has six criminal antecedents, therefore, he is habitual offender and as such, his bail application is liable to be rejected. 5. Learned counsel for the objector submits that he has no objection, if the present applicant has been granted bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.06.2025, the fact that though the applicant alongwith other co-accused persons allegedly assaulted the injured with knife and iron rod, intending to kill him, as a result of which, the injured sustained injuries on his person, so far as criminal antecedents of the applicant are concerned, applicant has six criminal antecedents, but considering the fact that the complainant / injured has no objection, if the present applicant has been granted bail, further charge-sheet has not been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 4 9. Let the Applicant-Lalit Soni, involved in Crime No. 202/2025 registered at Police Station Sadar Police Station - Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 191(2), 191(3), 190, 109 of BNS, 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) 5 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil