1 2025:CGHC:47780 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6692 of 2025 • Ajay Kumar Nirmalkar S/o Shri Seedhilal, Aged About 26 Years R/o Vill- Nariyara, P.S. Mulmula, Dist. Janjgir Champa (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Mulmula, Dist. Janjgir Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer For Objector Mr. Vaibhav A. Goverdhan, Advocate 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.162/2025 registered at Police Station -Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 351(3), 109, 115(2) & 3(5) of BNS Act. 2. Case of the prosecution, in brief, is that complainant/Fuleshwari Bai Chauhan lodged the F.I.R. at P.S. Mulmula, Dist.- Janjgir-Champa (C.G.) on 13.06.2025 stating that one Mahesh @ Bundru Shrivas took her son namely Ajay VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.18 18:23:22 +0530 2 Chauhan to get him some work of labour and at about 04;30 P.M. she received a call from son of her sister/Manish Chauhan who informed her that her son was found in bloodshed and was beaten badly by Sonu Yadav and Ajay Nirmalkar near the Wine Shop situated at Vill- Nariyara, thereafter Manish Chauhan along with his friend took Ajay Chauhan on his motorcycle to the Government Hospital Akaltara and from there he was referred to Apollo Hospital Bilaspur. That after questioning Ajay Chauhan, she got to know that on 13.06.2025 at about 04:00 Ρ.Μ., he along with the applicant went to the Wine Shop situated at Vill-Nariyara, thereafter the co-accused/Sonu Nirmalkar and the applicant/Ajay Nirmalkar started using filthy language and injured him with hand & gloves and glass of liquor bottle because of some earlier dispute between them. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that on the date of incident there was some quarrel took place between the applicant along with co- accused namely Sonu Nirmalkar and injured, as a result they had abusing the injured and is said to have assaulted him with hands, fist and the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury. Further, the applicant is in jail since 16.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. Learned counsel for the State/non-applicant as well as learned counsel for the objector would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and necessary correction has been made by the Investigating Officer in the charge-sheet with respect of the filling of the date of the charge-sheet and the applicant has no previous criminal antecedent. She further submits that the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury. 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, nature and gravity of allegation levelled against the applicant and the fact that the main allegation assaulted to injured by liquor bottle/glass levelled against the co-accused namely Sonu Nirmalkar, by which injured sustained grievous injury, applicant has no previous criminal antecedents, further he is in jail since 16.06.2025 and case of the applicant is distinguished of the case of co-accused Sonu Yadav, the charge- sheet has been filed, looking to the fact that conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Ajay Kumar Nirmalkar, involved in Crime No.162/2025 registered at Police Station -Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under 4 Sections 296, 351(3), 109, 115(2) & 3(5) of BNS Act, 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 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 5 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