1 2025:CGHC:39143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6181 of 2025 Rupesh Nayank S/o Patalu Nayak Aged About 28 Years R/o Jai Kali Mandir, Amapara, Police Station- Azad Chowk, District Raipur, C.G. (Age of Applicant Is Not Mentioned In Order Sheet) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station- Azad Chowk, District Raipur, (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.08.2025 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. 88/2025, registered at Police Station Azad Chowk, Raipur District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 07.04.2025, the complainant, Raja Singh Thakur, lodged a report at Police Station Azad Chowk, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.07 19:42:06 +0530 2 District Raipur (C.G.). It was alleged that he is engaged in the work of flower decoration. On the same day, at about 8:45 a.m., while he was sitting in Mangal Bazar Garden, Golu Ragde, Rupesh Nayak, and some other persons arrived at the spot. They confronted him, abused him forlodging a report against them. They threatened to kill him and hurled filthy abuses involving his mother and sister. When he objected to the abuse, they physically assaulted him with hands and fists. It is alleged that Golu Ragde held him from behind while Rupesh Nayak, who was armed with a knife, attacked the complainant, causing injuries to his abdomen, chest, and hand, resulting in bleeding. Based on the complaint, the police registered a case and initiated an investigation. The offence was registered under Sections 296, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), along with Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He further submits that the applicant and the complainant know each other and both reside in the same locality. The quarrel started due to a previous matter, and there was enmity stemming from it, but there was no intention to cause injury to the complainant. He also submits that the injuries sustained by the injured are simple in nature, the present applicant has no criminal antecedents, and he has been in jail since 07.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 3 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 applicant is in jail since 07.04.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Rupesh Nayank, involved in Crime No. 88/2025, registered at Police Station Azad Chowk, Raipur District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during 4 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 Abhishek