1 2025:CGHC:39859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6261 of 2025 Avdhesh @ Darwa Verma S/o Late Ramnarayan Aged About 31 Years R/o Sakri, P.S. And Tahsil Sakri District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sakri, Bilaspur, District Bilaspur C.G. ... Non-applicant(s) For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 370/2025, registered at Police Station : Sakri, District- Bilaspur (C.G.) for the offence punishable under Section 296, 115, 351(2), 119(1), 3(5) of B.N.S. 2023. 2. The case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 that on the date of incident i.e. 06.06.2025 at about 9.00 a.m. the accused persons have demanded money from the complainant for consuming liquor and when the complainant refused to give such money, then the accused persons have committed marpeet with the injured persons by hand and fist by using filthy language, and as result of the same, the injured person has received simple injuries. Based upon the such complaint concerned police has been registered against the co-accused persons and applicant for the offence u/s 296, 115, 351(2), 119(1), 3(5) of B.N.S. 3. Learned counsel for the applicant submits that at the time of alleged accident, the complainant's daughter and her relative had quarreled dispute with the applicant and his wife regarding previous enmity and thereafter, the complainant and her relatives had assaulted upon the applicant and his wife by wooden stick, bricks, hand and legs by using filthy language, on account of which, applicant's wife had received grievous injury and also applicant received injuries on his head, backside and other body thereafter, the wife of the applicant had a day before the present incident had lodged an FIR on 06.06.2025 which was registered as case Crime No. 365/2025 for offence under Section 115(2), 296, 3(5) and 351(2) of BNS against the family members of the complainant of the present case and after next date of such FIR dated 06.06.2025, the complainant has again registered present FIR on 07.06.2025 on same incident has been occurred against the applicant without any sufficient material available on record and without taking any proper enquiry which is against the law. He further submits that the other accused 3 persons has also granted bail by the learned trial Court and on the basis of parity, this Court may kindly be pleased to consider it and grant bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court and further submits that from perusal of the case-diary, it transpires that the accused was drinking outside the complainant’s house and demanded money for liquor. On refusal, he abused her in obscene language, threatened to kill her, and assaulted her with fists. When her niece Preeti Verma intervened, co-accused also assaulted both women. Further the accused is shown to be a habitual offender with 4 other criminal cases pending, and medical reports confirm injuries to the victims. Accordingly, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the overall facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and the fact that there are cross-reports from both sides, coupled with the MLC report indicating that the injuries sustained by the injured persons are simple in nature and further that the incident appears to have arisen out of a family dispute stemming from previous enmity, therefore, this Court is of the view that the applicant is entitled to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let applicant, Avdhesh @ Darwa Verma, involved in Crime No. 370/2025, 4 registered at Police Station : Sakri, District- Bilaspur (C.G.) for the offence punishable under Section 296, 115, 351(2), 119(1), 3(5) of B.N.S. 2023, be released on bail on furnishing 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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal