1 2025:CGHC:40849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6407 of 2025 Sunil Sen S/o Rajendra Sen, Aged About 18 Years R/o 320 Colony (Shanti Nagar), Kumhari, Police Station Kumhari, Tahsil Bhilai-3, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kumhari, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Punit Ruparel, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 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. 89/2025 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 296, 351(3) & 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 25.05.2025, at about 08:30 PM, the complainant Amit Sahu, along with Malik Ram Sahu and Remta @ Amar Sahu, had gone to the weekly market at Kumhari for eating Panipuri (Gupchup). At that place, the applicant allegedly called the younger son of the complainant as “Remta– Remta”. When the complainant objected to such calling, the applicant is alleged to have used filthy language and applied criminal force. Thereafter, when the quarrel became aggressive, it is alleged that the applicant took a scissor from a barber’s shop and assaulted the complainant on his stomach and Malik Ram Sahu on his right hand. The incident was reported to Police Station Kumhari on the same day, i.e., 25.05.2025, whereupon the police registered the aforesaid crime against the applicant. The applicant was arrested on 26.05.2025 and, upon completion of investigation, the police filed the charge-sheet on 21.07.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant merely called the complainant’s son by the name “Remta”, the complainant, along with Malik Ram Sahu and Remta @ Amar Sahu, attacked the applicant, and in self-defence, the applicant used a knife taken from a nearby barber’s shop. The injuries were examined by the medical officer, and a copy of the medical report (relevant pages of the charge-sheet) is annexed herewith as Annexure A-3 colly. In the rejection order, the learned Sessions Court, Durg, observed that the 3 applicant has another criminal record in Crime No. 01/23 under Sections 302 and 212 read with Section 34 of IPC and Sections 25 & 27 of the Arms Act; however, in that case, the applicant was acquitted by the Principal Magistrate, Juvenile Justice Board, Durg, on 24.11.2023, a copy of which is annexed herewith as Annexure A-4. The applicant submits that he had no intention or motive to commit any offence, and the aggression was on the part of the complainant. Even in the prosecution story, it is mentioned that Amar Sahu is known as “Remta”, and upon the applicant calling him by that name, they became aggressive and assaulted the applicant. The applicant, aged about 18½ years, acted only in self- defence when he used the knife. The applicant is in jail since 26.05.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant, along with other co-accused persons, assaulted the complainant with a scissor, as a result of which the complainant sustained multiple injuries on his person. As per the medical opinion, the nature of the injuries was such that they could have resulted in death, further the applicant has one criminal antecedent of the year 2023, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, it prima facie appears that though the applicant, along with other co-accused persons, assaulted the complainant with a scissor, as a result of which the complainant sustained multiple injuries on his person and as per the medical opinion, the nature of the injuries was such that they could have resulted in death, but considering the period of detention of the applicant since 26.05.2025, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023, in which the applicant has already been acquitted by the Principal Magistrate, Juvenile Justice Board, Durg, District – Durg on 24.11.2023, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sunil Sen, involved in Crime No. 89/2025 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 296, 351(3) & 109 of Bharatiya Nyaya Sanhita, 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. 5 (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. 9. 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 Akhil