1 2025:CGHC:45068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5822 of 2025 • Shivam Singh S/o Kamleshwar Singh Aged About 33 Years R/o 27, Kholi Police Station Civil Line Bilaspur District - Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Purur. District - Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Mr. Rishabh Gupta, Advocate For Respondent/State :Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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.53/2025 registered at Police Station - Purur District-Balod (C.G.) for the offence punishable under Sections 109, 118(1), 296, 3(5), 351(3) of BNS. 2. Case of the prosecution, in brief, is that on the night of 05.06.2025 at around 9:00 p.m, when the complainant being a truck driver of vehicle bearing No.CG 07 CS 0102 left from Pateli village to Tasi for loading then around 11:30pm when he reached near Bhainsmundi VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 14:40:12 +0530 2 village there he parked his truck where 3-4 trucks were already parked. Then suddenly Tony Sardar and Shivam Singh (Present applicant) came there and asked the drivers who had told them to park their truck here and accused namely Tonu Sardar started abusing them and asked them to moved their truck of the complainant and attacked on him with knife on his hand and head. 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 was some dispute took place between the co-accused Tony Sardar and complainant/injured due to parking of vehicle along the roadside where Tony Sardar had an altercation with the drivers, an argument broke out between him and one of the complainant. He also submits that the allegation of being assaulted by knife is levelled against the co-accused, not on the present applicant, at the time of incident he remained seated inside the car and he was not involved in crime in question. Further, as per MLC report injuries received by the injured are simple in nature. The applicant is in jail since 07.06.2025, the applicant has one previous criminal antecedent under Section 323, 294 and 506 of the IPC, which has been compromised and disposed of in National Lok Adalat, charge-sheet has 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. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He also submits that the applicant has one previous criminal antecedent under Section 323, 294 and 506 of the IPC, which has been compromised and disposed of in National Lok Adalat. 3 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 offence, the allegation assault by knife is levelled against the co-accused not on the present applicant, as per MLC report injuries received by the injured are simple in nature, applicant is in jail since 07.06.2025, and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shivam Singh, involved in Crime No.53/2025 registered at Police Station - Purur District-Balod (C.G.) for the offence punishable under Sections 109, 118(1), 296, 3(5), 351(3) 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 4 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. 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali