1 2025:CGHC:43598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6743 of 2025 Ayush Kale @ Sibu S/o Chandrashekhar Rao Aged About 29 Years R/o Nature City, Police Station Sakri, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Koni, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Goutam Khetrapal, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 1. This is the Third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 192/2024 registered at Police Station : Koni, District - Bilaspur (C.G.), for the offence punishable under Section 307, 120-B, 34 of Indian Penal Code, 1860 (for short ‘IPC’). 2. Case of the prosecution, in brief, is that the complainant / injured, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Lavkesh Rao Bhosle alias Lavi, runs a dhaba known as Golory Pariwar Dhaba at Village Koni, Bilaspur (C.G.). It is alleged that on 30.05.2024, at about 11:30 P.M., an unknown person entered the dhaba, ordered biryani and ten chapatis, and thereafter assaulted the complainant on the right side of his face with a sharp-edged weapon, causing a grievous injury extending from his forehead to his jaw. It is further alleged that the said act was committed pursuant to a conspiracy hatched by the accused alongwith his friends. On the basis of the complainant’s report, the police registered Crime No.192/2024 for the offences punishable under Sections 307, 120-B, and 34 of the Indian Penal Code against the present applicant and co-accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the earlier two bail applications of the applicant was rejected by this Court on merits vide orders dated 07.11.2024 and 16.08.2024, therefore this third bail application is filed on the ground that the applicant has not inflicted any injury upon the complainant / injured person, the injuries were allegedly caused by one Virendra. The only allegation against the present applicant is that he is purported to have conspired in relation to the incident. further the bail application of one co-accused, namely, Roshan Starly has already been allowed by this Court vide order dated 08.08.2025 in MCRC No.4633 of 2025, so far as the status of trial is concerned, the statements of five witnesses, all of whom are formal witnesses, have already been recorded. However, the complainant/injured, namely Lavkesh Rao 3 Bhosle alias Lavi, has not appeared before the trial Court for the recording of his evidence since 21.02.2025, despite the issuance of bailable warrants against him, his statement is yet to be recorded, further charge-sheet has already been filed in the present case and the applicant is in jail since 02.06.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that as per query report the injury sustained by the injured on his face is found to be grievous in nature as opined by the doctor, but could not disputed the said fact that the applicant has not inflicted any injury upon the complainant / injured person, the injuries were allegedly caused by one Virendra. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the record, it transpires that this is the third bail application of the applicant, the earlier two bail applications of the applicant were rejected by this Court on merits vide orders dated 07.11.2024 and 16.08.2024 on the ground that the applicant alongwith other co-accused persons caused grievous injuries to the complainant / injured, thereafter, present bail application has been filed on the ground that the applicant has not inflicted any injury upon the complainant / injured person, the injuries were allegedly caused by one Virendra and the said fact could not be disputed by the learned State counsel. The only allegation against the present applicant is that he is purported to have conspired in relation to the 4 incident. Further the bail application of one co-accused, namely, Roshan Starly has already been allowed by this Court vide order dated 08.08.2025 in MCRC No.4633 of 2025, so far as the status of trial is concerned, the statements of five witnesses, all of whom are formal witnesses, have already been recorded. However, the complainant/injured, namely Lavkesh Rao Bhosle alias Lavi, has not appeared before the trial Court for the recording of his evidence since 21.02.2025, despite the issuance of bailable warrants against him, his statement is yet to be recorded, which is the reason of his prolonged trial, further the case of present applicant is distinguishable from that of the co-accused, Virendra who assaulted the injured, as such, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Accordingly, the application is allowed. 8. Let the Applicant-Ayush Kale @ Sibu, involved in Crime No. 192/2024 registered at Police Station : Koni, District - Bilaspur (C.G.), for the offence punishable under Section 307, 120-B, 34 of IPC, 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 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 5 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. 9. 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 Akhil