1 2025:CGHC:47807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6343 of 2025 Shubham Shrivastav S/o Shri Sunil Shrivastav Aged About 28 Years R/o- Village- Chitrao, Post- Chitrao, P.S. And Tahsil- Jaisingh Nagar, Distt- Sahdol, Madhya Pradesh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S.- Janakpur, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ... Respondent For Applicant : Shri Ram Sajiwan, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.203/2024 (As per FIR) registered at Police Station Janakpur, Dist- M.C.B. (C.G.) for the offence punishable under Sections 296, 351(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 20:28:16 +0530 2 115(2), 3(5) of BNS (As per FIR). 2. Case of the prosecution, in brief, is that on 16-10-2024, the complainant lodged a report before the Police of Police Station- Janakpur, Dist- M.C.B.(C.G.) alleging that on 13.10.2024 the son of the complainant went for Jwaar Visharjan and when the complainant reached near pond of Harchoka temple the present applicant started using filthy language against him, and started assaulting him with stick, and when the complainant came to stop the present applicant he beat her with the aforesaid stich due to which she got injury on her hand and her son also suffered various injuries. After registration of the crime police started to be investigating the matter and the applicant was arrested for aforesaid crime in connection with Crime no.203/2024. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He would submit that the other co-accused were enlarged on bail by the learned trial court and on the basis of memorandum statement of co-accused persons he has been arrested by the concerned police officers. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 07/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that in this case there are two injured person, one has received simple injury and the other has received grievous injury, therefore applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 07/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some 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 and it is directed that the Applicant- Shubham Shrivastav, involved in Crime No.203/2024 (As per FIR) registered at Police Station Janakpur, Dist-M.C.B. (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) of BNS, 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 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri