1 2025:CGHC:41603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6467 of 2025 1 - Yogendra Sen @ Pintu S/o Hemuram Sen Aged About 28 Years R/o Village Pisegaon, Police Station Pulgaon, Tahsil And District Durg C.G. 2 - Gajendra @Raja Sen S/o Hemuram Sen Aged About 24 Years R/o Village Pisegaon, Police Station Pulgaon, Tahsil And District Durg C.G. ... Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Pulgaon, Tahsil And District Durg C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Praveen Dhuradhanr, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 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 applicants who have been arrested in connection with Crime No.193/2025 registered at Police Station- Pulgaon, District-Durg (C.G.), for the offence punishable under Sections 333 & 109 r/w Section 3(5), 331(8) of BNS, 2023. 2. As per the case of the prosecution story, in brief, is that on 25-05- 2025, the complainant Rekhlal Nirmalkar was at his house along VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.19 17:48:21 +0530 2 with his family members and at about 7.30 PM, the accused persons came to his house along with weapon i.e. rod and bricks and abused the complainant in filthy languages and assaulted his brother namely Neelkanth Rajak by the thereafter weapon due to which he sustained injuries on his head and subsequently on the oral information given to the police FIR was registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in crime in question. It has been argued by learned counsel for the applicants that there was some quarrel took place between the applicants and the injured regarding money. The allegation levelled against the present applicants is that they assaulted the injured person by bricks and rod, as a result of which, injured sustained one punctured wound at left side of his forehead, but as per X-ray report, no bone injury was found. Further, it was argued that as per query report, no injury caused to the brain and also no surgical intervention. The applicants are in jail since 27.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that applicants have no previous criminal antecedent, looking to the nature and gravity of the offence, they are not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and further considering the fact that that there was some quarrel took place between the applicants and the injured regarding money. The allegation levelled against the present applicants is that they assaulted the injured person by bricks and rod, as a result of which, injured sustained one punctured wound at left side of his forehead, but as per X-ray report, no bone injury was found. Further, as per query report, no injury caused to the brain and also no surgical intervention. The applicants are in jail since 27.05.2025, the fact that applicants have no criminal antecedents, the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Yogendra Sen @ Pintu and Gajendra @ Raja Sen involved in Crime No.193/2025 registered at Police Station- Pulgaon, District-Durg (C.G.), for the offence punishable under Sections 333 & 109 r/w Section 3(5), 331(8) of BNS, 2023, be released on bail on their 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali