1 2025:CGHC:47777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6742 of 2025 1 - Laxmiprasad Bareth S/o Fulsingh Bareth Aged About 51 Years R/o Charoda, Outpost Adbhar, Tahsil Adbhar, District- Sakti, C.G. 2 - Digvijay Bareth S/o Laxmiprasad Bareth Aged About 30 Years R/o Charoda, Outpost Adbhar, Tahsil Adbhar, District- Sakti, C.G. ... Applicant versus State of Chhattisgarh Through District Magistrate, Sakti, District- Sakti, C.G. ... Non-Applicant For Applicants : Mr. Tapan Kumar Chandra, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.09.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 145/2025, registered at Police Station : Malkharoda, District- Sakti, (C.G.) for the offence punishable under Sections 296, 351(2), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report stating that applicant No. 1 is her father-in-law and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 applicant No. 2 is her brother-in-law. On 14.07.2025, at about 02:00 PM, when the complainant was alone at home, the accused persons allegedly abused her in filthy language and attempted to kill her by strangulating her with a dupatta. At that moment, her husband arrived and tried to rescue her, during which she became unconscious. In the course of the incident, both the complainant and her husband sustained injuries. Thereafter, the applicants were arrested by the police in connection with the said offences. 3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case. He further submits that there are family dispute between the parties and the applicant No.1 filed written complaint before the Superintendent of Police, Sakti against the complainant. He also submits that the injuries are simple in nature. He further submits that applicants have no previous criminal antecedents, they are in jail since 15.07.2025, the charge-sheet has been filed and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submits that applicant No. 1 is her father-in-law and applicant No. 2 is her brother-in-law of the complainant. On 14.07.2025, at about 02:00 PM, when the complainant was alone at home, the accused persons allegedly abused her in filthy language and attempted to kill 3 her by strangulating her with a dupatta. At that moment, her husband arrived and tried to rescue her, during which she became unconscious. In the course of the incident, both the complainant and her husband sustained injuries. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that though the applicants, who abused, assaulted, threatened the complainant, but there are family dispute between the parties and the injuries received by the injured persons are found to be simple in nature and the applicants have no previous criminal antecedent and the charge-sheet has been submitted before the competent Court and the applicants are in jail since 15.07.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. 7. Let the Applicants – Laxmiprasad Bareth and Digvijay Bareth, involved in Crime No. 145/2025, registered at Police Station : Malkharoda, District- Sakti, (C.G.) for the offence punishable under Sections 296, 351(2), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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 Rahul Dewangan