1 2025:CGHC:46974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6610 of 2025 Raghav Agrawal S/o Shri Lalit Kumar Agrawal, Aged About 22 Years, R/o House No. 25, Aishwarya Kingdom, Kachna, Raipur, Distt. Raipur (C.G.) 492001 ... Applicant versus State Of Chhattisgarh Through Police Station House Officer, Khamardih, District. Raipur (C.G.) ... Respondent For Applicant : Shri Surendra Singh, Sr. Advocate (through VC) & Shri Aniruddha Shrivastava, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 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.150/2025 registered at Police Station Khamardih District Raipur (C.G) for the offence punishable under Sections 296, 351 (2), 191(2), 333, 109 & 324(4) of Bhartiya Nyaya Sanhita 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 17:01:48 +0530 2 2. Case of the prosecution, in brief, is that on the date of the incident, i.e. 07.07.2025, at around 11:00 p.m., co-accused Sanjay Chaudhary was disposing of leftover food near his house, when the first informant, Shri Rakesh Chand Tiwari, attempted to restrain him from doing so as a result of which the altercation broke out between two. The Altercation further fueled up when son of first informant along with the other persons come up from their house and started abusing Sanjay Choudhry the other neighbors namely Yasin Sheikh and his nephew came out from their house in support of Sanjay Choudhry and the fight broke out between two groups. Prosecution story further alleges that thereafter, Yasin Sheikh and other allies entered the house of the informant and beat them, due to which they sustained injuries. In consequence to such incident Rakesh Chand Tiwari lodged a First Information Report on 08/07/2025 at 6:15 AM in Khamardih Police Station Raipur (C.G). 3. Learned counsel for the applicant argued that the applicant was neither named in the FIR nor in the first statement recorded under section 180 BNSS of the injured/eye witnesses and his name has come into light in the subsequent statement of the said witnesses which was recorded under Section 180 BNSS. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 08/07/2025 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 he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal 3 antecedents. He would submit that one wooden stick has been seized from the applicant 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, submissions of learned counsel for the parties, considering the fact that applicant was neither named in the FIR nor in the first statement recorded under section 180 BNSS of the injured/eye witnesses and his name has come into light in the subsequent statement of the said witnesses which was recorded under Section 180 BNSS, case of the applicant is distinguishable from the case of the accused who are named in the FIR as well as in the first statement of the injured witness, period of detention of the applicant since 08/07/2025, 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Raghav Agrawal, involved in Crime No.150/2025 registered at Police Station Khamardih District Raipur (C.G) for the offence punishable under Sections 296, 351 (2), 191(2), 333, 109 & 324(4) of Bhartiya Nyaya Sanhita 2023, 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 4 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 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