1 2025:CGHC:45069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5816 of 2025 1 - Chudamani Patel S/o Late Kanhaiyalal Patel Aged About 35 Years R/o Village - Sendripali, Police Station - Bhoopdeopur, District - Raigarh (C.G.) 2 - Tikaram Patel S/o Late Kanhaiyalal Patel Aged About 27 Years R/o Village - Sendripali, Police Station - Bhoopdeopur, District - Raigarh (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through The District Magistrate, Raigarh, District - Raigarh (C.G.), (Concerned Police Station - Bhoopdeopur) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Hari Agrawal, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer For Objector Mr. Vidhi Matlani, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No.68/2025 registered at Police Station – Bhoopdeopur, District – Raigarh (C.G.) for the offence punishable under Sections 110 & 3(5) of BNS, 2025. 2. As per prosecution story, in brief, is that on 05.06.2025, the complainant namely Gajendra Patel lodged a report at Police Station Bhoopdeopur, Raigarh stating therein he is engaged in business of framing and supply of sand around two days back, the applicants had a quarrel with the brother of applicant namely Ramnarayan Patel near JSW Company. On 05.06.2025, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:22 +0530 2 the applicant along with Anil Kurre, Pawan Nishad & Ajay Nishad were going towards Village- Sendripali in their Maruti Suzuki Brezza Car being No.CG-13-HQ-0365, they stopped their Car ahead of HP Petrol Pump, at that time, the applicant Tikaram Patel driving his Maruti Ertiga Car with applicant Chudamani Patel sitting next to him, tried to dash/collied with the informant and the informant in order to save his life, jumped in other side, due to which he sustained injuries in left shoulder, ribs, elbow and hand. Based on this FIR has been lodged against the present applicants. 3. Learned counsel for the applicant would submit that the applicants have been falsely implicated in this case. He further submits that the allegation levelled against the present applicants, who have assaulted the injured and he has suffered multiple simple injuries and one fracture was found on his left hand. The present applicants are in jail since 06.06.2025 and 10.06.2025 respectively, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel as well as learned counsel for the Objector, opposes the bail application and submits that applicants have criminal antecedents vide crime No.01/2019 registered at police station Kharsiya for offence punishable under Section 294, 506, 323, 427 and 34 of IPC, which is disposed off, one Istagasa No.23 of 2024 for the offence under Section 107, 116(3) Cr.P.C was also registered against the applicant Chudamani. they are habitual offender therefore, instant bail application filed by the present applicants are liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of the offence and considering the allegation levelled against the present applicants, who have assaulted the injured and he has received injuries, which are simple in nature and they were in jail since 06.06.2025 and 10.06.2025 respectively, 3 this Court is of the view that the applicant are entitled to be released on bail in this case. 7. Let the applicants – Chudamani Patel and Tikaram Patel involved in Crime No.68/2025 registered at Police Station – Bhoopdeopur, District – Raigarh (C.G.) for the offence punishable under Sections 110 & 3(5) of BNS, 2025, 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. (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 4 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 endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali