1 2025:CGHC:37909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6059 of 2025 1 - Narsing Nirmalkar S/o Jhaduram Nirmalkar Aged About 71 Years R/o Village - Bodra, Police Station - Kurud, District - Dhamtari Chhattisgarh 2 - Rameshwar Nirmalkar S/o Narsing Nirmalkar Aged About 45 Years R/o Village - Bodra, Police Station - Kurud, District - Dhamtari Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Kurud, District - Dhamtari Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Sanjeev Kumar Sahu, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.08.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 99/2025, registered at Police Station- Kurud, Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 115(2), 296(B), 351(2), 109, 3(5) of the BNS 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 10:44:11 +0530 2 2. The prosecution story, in brief, is that on 08.04.2025 at about 3:00 p.m. the complainant Nand Kumar Nirmalkar was lodged written report FIR was same day against the present applicants were assaulted on the basis of septic tank dispute, accordingly FIR has been registered against the present applicants. 3. It has been argued by the learned counsel for the applicants that the present applicants have not committed any offence and have been falsely been implicated in this case. It has been further argued that the there was a dispute took place between applicants and complainant and the allegation levelled against the present applicants is that, they were assaulted the injured with blunt object (Tangiya) and (Wooden Stick), as a result injured has suffered injuries on his head. He further submits that applicant No.1 namely Narsihg Nirmalkar is old aged person. It is also submitted that the charge-sheet has been filed in this case and the applicants are in jail since 13.05.2025 and the conclusion of trial is likely to take some time, hence, he prays that the applicants be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicants have no criminal antecedent but from the possession of the applicant No.1 one wooden stick was recovered and as per MLC report, injured sustained fractured on his head and also sustained grievous injuries on his head, back and legs, therefore, their bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the MLC report, and the fact that the injured received 3 fractured on his head and also considering the fact that injured has sustained grievous injuries on his head, back and legs, thus, this Court is of the opinion that is not a fit case to grant regular bail to the applicant No.2. 7. Accordingly, the bail application of the applicant No.2 namely Rameshwar Nirmalkar involved in Crime No. 99/2025, registered at Police Station- Kurud, Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 115(2), 296(B), 351(2), 109, 3(5) of the BNS 2023 is rejected. 8. So far as the applicant No.1 namely Narsigh Nirmalkar, who is aged about 71 years, and the conclusion of the trial is likely to take some time, and further that the applicant is in jail since 13.05.2025, I am of the opinion that the applicant No.1 is entitled to be released on bail in this case without commenting on the merits of the case. 9. Let applicant No. 1, Narsing Nirmalkar, involved in Crime No. 99/2025, registered at Police Station- Kurud, Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 115(2), 296(B), 351(2), 109, 3(5) of the BNS 2023 1985, 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 4 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 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. 10. 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 vaishali