1 2025:CGHC:39529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6238 of 2025 Deepak Kashyap S/o Ramlal Kashyap, Aged About 41 Years, R/o Village Katod, P S Janjgir, District- Janjgir-Champa C.G. At Present - R/o Behind Jute Mill P.S. Khamtarai, District - Raipur C.G. (As Per Challan) ... Applicant versus State of Chhattisgarh Through P S - Khamtarai, District - Raipur, C.G. ... Non-Applicant For Applicant : Mr. Ashish Gangwani, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 236/2020, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 294, 326, 307, 506 of the Indian Penal Code (As per Challan). 2. The case of the prosecution, is that, on 13.06.2020, the complainant, Umendra Nirmalkar, along with his companions Rakesh and Vijay, was PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.08 12:21:17 +0530 2 returning to his village Urkura after work. Near the drain between Saddu and Urkura, a woman came running toward them and pleaded for help. Upon inquiry, she identified herself as Umeshwari Kashyap and alleged that her husband, Deepak Kashyap, had hit her on the head with a stone, while verbally abusing her and issuing death threats. The complainant noticed that the woman had multiple head injuries and was bleeding. The police were informed, and with their assistance, she was taken to the police station and later referred to the hospital for treatment. Following investigation, a charge sheet has been filed. The case is currently at the stage of evidence. The applicant has been arrested in connection with the said offence. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the case pertains to the year 2020, and the applicant, being a labourer by profession, could not move for bail earlier due to poverty and lack of legal resources. He further submits that there are 14 witnesses, out of which 09 witnesses has been examined in this case. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 14.06.2020 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. He further submits that on 13.06.2020, the complainant, Umendra Nirmalkar, along with his companions Rakesh and Vijay, was returning to his village Urkura after completing his work. When they reached near the drain located between Saddu and Urkura, a woman came running towards them and pleaded for help. Upon inquiry, she disclosed her name as Umeshwari 3 Kashyap and alleged that her husband, the present applicant/accused Deepak Kashyap, had assaulted her by hitting her on the head with a stone, while also verbally abusing her and threatening to kill her. It was further stated that the complainant and his companions observed multiple injuries on her head, and she was bleeding profusely. The incident was immediately reported to the police, and with their assistance, the injured woman was taken to the police station and subsequently referred to the hospital for medical treatment., therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the case pertains to the year 2020, and the applicant, being a labourer by profession, could not move for bail earlier due to poverty and lack of legal resources, further considering the fact that out of 14 prosecution witnesses, 9 have already been examined, and the applicant has no previous criminal antecedents, the charge-sheet has been file and the applicant is in jail since 14.06.2020 and the trial is likely to take considerable time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Deepak Kashyap, involved in Crime No. 236/2020, registered at Police Station – Khamtarai, District - Raipur (C.G.) for the offence punishable under Sections 294, 326, 307, 506 of the Indian Penal Code (As per Challan), 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 4 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 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. 5 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 Preeti