1 2025:CGHC:47798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6372 of 2025 Mohsin Memon @ Munaf Tiger S/o Madani Memon Aged About 21 Years R/o Mova, Just To Usha State, Under The Mova Bridge Thana - Pandari, Dist - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Tikra Para, Raipur District - Raipur Chhattisgarh ... Respondent For Applicant : Shri Navin Shukla, Advocate. For Respondent/State : Ms. Ankita Shukla, 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.310/2025 registered at Police Station Tikrapara, Dist- Raipur (C.G.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 20:28:16 +0530 2 for the offence punishable under Sections 296, 351(2), 115(2), 3(5) of BNS, 2023 and Sections 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on a written complaint on 30.04.2025 by the Complainant Istiyak Khan at Tikarapara police station, that present applicant with other co-accused throw filthy abuses and committed marpit with wooden Patti and occurred simple injury when he come back to house at night after shut down the shop. On the basis of lodged report at thana Tikarapara Raipur for the offence under section Section 118(1),296,351(2),115(2),3(5) of BNS 2023 and 25 & 27 of Arms Act. 3. Learned counsel for the applicant submits that present applicant is an innocent person and he has been falsely implicated in this case. He would submit that all the co-accused has been granted regular bail from the trial court and the present applicant's bail has been rejected due to previous one record is pending. He would submit that charge sheet has been filed, the applicant is in jail since 14/07/2025 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 the injured has received cut injuries on various parts of the body, therefore he is not entitled for grant of bail. 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, period of detention of the applicant since 14/07/2025, charge sheet has been filed and also 3 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- Mohsin Memon @ Munaf Tiger, involved in Crime No.310/2025 registered at Police Station Tikrapara, Dist- Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) of BNS, 2023 and Sections 25, 27 of 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 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. 4 (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