1 2025:CGHC:45377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6087 of 2025 1. Vakil Ali S/o Salim Ali Aged About 24 Years R/o BSUP Colony, Kota, P/S Saraswati Nagar, Raipur, C.G. 2. Akil Ali S/o Salim Ali Aged About 19 Years R/o BSUP Colony, Kota, P/S Saraswati Nagar, Raipur, C.G. ... Applicants versus State of Chhattisgarh Through PS Saraswati Nagar, Raipur, C.G. ... Non-applicant For Applicants : Mr. Vinay Nagdev, Advocate appeared through video conferencing. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 66/2025, registered at Police Station Saraswati Nagar, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, one Karan Mahanand lodged a complaint before the concerned Police Station stating that the applicants had assaulted him with a sharp object on his back. Pursuant thereto, an FIR ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.06 11:39:37 +0530 2 bearing Crime No. 66/2025 for offences under Sections 296, 351(2), 115(2), and 3(5) of the BNS was registered against the applicants, and during the course of investigation, an offence under Section 118(1) of the BNS was also added. It is pertinent to mention here that the applicants were arrested on 06.06.2025 and, after conclusion of investigation, the charge-sheet has been filed. 3. Learned counsel for the applicants submits that the present applicants are innocent person who have been falsely implicated in the present case. He submits that the injuries of the injured is simple in nature. He further submits that the applicants have been in jail since 06.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature and further, the charge-sheet has already been submitted before the competent Court in the present case and the applicants are in jail since 06.06.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Vakil Ali, and Akil Ali involved in Crime No. 66/2025, registered at Police Station Saraswati Nagar, District Raipur 3 (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without 4 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. 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 Abhishek