1 2025:CGHC:48590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6287 of 2025 Mahendra @ Banti Kahar Son Of Sanjay @ Sanju Aged About 23 Years Resident Of Ramjanki Para Gobra Nawapara, District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Gobra Nawapara, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/09/2025 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.186/2025 registered at Police Station Gobra Nawapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115 (2), 118(2), 109 of Bharatiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 15:18:27 +0530 2 2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging that at the time of incident, there was simple dispute in between both parties with regard to subject amount and thereafter, the accused person have committed marpeet with injured person. Based upon such complaint, the police station has registered the offence under section 296, 351(2), 115 (2), 118(2), 109 of Bharatiya Nyay Sanhita against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant is said to have caused injuries to the injured by knife though the injured has received grievous injuries but it is stated that there was dispute between applicant and the injured persons with respect to money. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 02/06/2025 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. He would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, submission of learned counsel for the parties, considering the period of detention of the applicant since 02/06/2025, charge sheet has been filed, applicant has no criminal antecedents 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. 3 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mahendra @ Banti Kahar, involved in Crime No.186/2025 registered at Police Station Gobra Nawapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115 (2), 118(2), 109 of Bharatiya Nyay 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. (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 4 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