1 2025:CGHC:43678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6394 of 2025 Nikhil Deslahre S/o Yogesh Deslahre Aged About 19 Years R/o Bazaar Chowk Changora Bhata, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Deendayal Nagar, District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Rohit Sharma, Advocate. For Non-Applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 119/2025, registered at Police Station - Deendayal Nagar District - Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) & 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act. 2. As per the prosecution story, the complainant has alleged that on 14.03.2025, he received a phone call stating that franshu Dewangan VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.29 12:00:47 +0530 2 had abused him and called him near Ashadeep School. When the complainant, along with his friends, reached the location, the applicant id his associate were already present. It is further alleged that the applicant and others threatened the complainant with dire consequences, abused them in filthy language, and upon objection, assaulted and caused injuries, on the basis of said allegations, the above FIR came to be registered. 3. The applicant is innocent and has been falsely implicated in the present case for the offences under Sections 296, 351(3), 115(2), 3(5), 109(1) of the BNS and Sections 25, 27 of the Arms Act. He is the sole breadwinner of his family and his prolonged pre-trial detention would cause irreparable hardship to his dependents. The applicant is a law- abiding citizen with no past criminal antecedents, is a permanent resident of the locality, and undertakes to cooperate with the investigation as well as to appear before the trial Court during the proceedings without misusing the liberty. The applicant has been in judicial custody since 07.04.2025, and as the trial is likely to take considerable time, his continued detention is neither just nor proper. There is no likelihood of the applicant absconding or tampering with the prosecution witnesses, and he is ready to furnish adequate surety and abide by any conditions imposed by this Hon’ble Court. Other grounds shall be raised at the time of hearing with the leave of the Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant and submitted that the charge-sheet has not yet been filed before the 3 competent Court in the present case and that the applicant has no criminal antecedent. It is further submitted that the present applicant assaulted the injured, causing him severe injuries, and therefore he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. “Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the complainants have sustained injuries stated to be grievous in nature, but keeping in view that there are allegations and counter-allegations against each other, and further that the charge-sheet has already been filed, the applicant has no criminal antecedent, has been in jail since 07.04.2025, and the conclusion of the trial is likely to take some time, I am of the considered opinion that the applicant is entitled to be released on bail in this case 7. Let the applicant – Nikhil Deslahre, involved in Crime No. 119/2025, registered at Police Station - Deendayal Nagar District - Raipur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5) & 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, be released on bail on his furnishing a 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 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 4 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 his 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 his, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav