1 2025:CGHC:46369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6144 of 2025 1 - Lokendra @ Golu Tiwari S/o Devdatt Tiwari Aged About 28 Years R/o Dhuma ( Wrongly Written As Chuma ) Gudi Para Police Station Sirgtti District-Bilaspur(C.G.). 2 - Nikendra @ Tikli S/o Devdutt Tiwari Aged About 24 Years Gudi Para Police Station Sirgtti District- Bilaspur( C.G. ). ..Applicants versus State Of Chhattisgarh Thorugh- The Station House Officer, Police Station Sirgtti, Bilaspur ( C.G. ).. ... Non-applicant For Applicants : Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.232/2025 registered at Police Station – Sirgitti District - Bilaspur VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:21 +0530 2 (C.G.), for the offences punishable under Sections 118(1), 296, 351(2), 3(5) of the BNS. 2. As per the prosecution story, the complainant namely Arunendra Patel lodged the Complaint against the applicants and one other co- accused person alleging that on 05-05-2025 at about 11.45 PM, the complainant was sitting in the Dhaba, situated at Highway, there the applicants and co-accused came and asked for money for consuming liquor and when he refused to give them money, they started abusing him and assaulted him with hand and fist due to which the complainant sustained injuries and when the wife of the complainant came for rescue, the applicants tried to assault her also, but thereafter ran away. Based on the complaint, the police registered the FIR against the applicants and co-accused person and arrested them. 3. The applicants have been falsely implicated in the present case, as the complaint is purely motivated and preplanned. The actual facts are that the complainant, who owed money to the applicants, abused and provoked them when they demanded repayment, leading to a false case being lodged. The applicants have been in jail since 03.05.2025, is not a habitual offender, and the trial is likely to take considerable time for conclusion. They are permanent resident of the address mentioned in the cause title, with no likelihood of absconding, and is ready to furnish adequate surety and abide by any conditions imposed by this Hon’ble Court therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge 3 sheet has not been filed. She further submits that the present applicants assaulted injured resulting in grievous injuries. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, as the charge-sheet has already been submitted before the competent Court, and the applicants have been in custody since 03.05.2025, while the conclusion of the trial may take some more time, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Lokendra @ Golu Tiwari & Nikendra @ Tikli, involved in Crime No.232/2025 registered at Police Station – Sirgitti District - Bilaspur (C.G.), for the offences punishable under Sections 118(1), 296, 351(2) & 3(5) of the BNS., be released on bail on furnishing personal bond with two local 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 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 applicant 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 4 the applicants fail 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 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav