1 2025:CGHC:43387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6741 of 2025 • Sunil Khalkho @ Bodde S/o Kamil Khalkho Aged About 40 Years Caste Uraon, R/o Kamtara, Police Station Kunkuri, District - Jashpur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Kunkuri District - Jashpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aashish Gupta, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 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. 34/2024 registered at Police Station Kunkuri, District Jashpur (C.G.) for the offence punishable under Sections 458, 323, 326, 307 of IPC and 25 of the Arms Act. 2. Case of the prosecution, in brief, is that on 04.03.2024 applicant assaulted the victim by means of sharp iron object (Dauli) in which result, victim received the injury of her head and left hand due to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 10:42:13 +0530 2 which complainant came on spot and taken to the injured to the Hospital for treatment and also made report to the police station, on this basis of above report FIR has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the allegation levelled against the present applicant is that he assaulted the injured by sharp iron object (Dauli), as a result, injured received injuries on her head and left hand. He further submits that injuries sustained by the injured are simple in nature. The applicant is in jail since 05.03.2025 and out of 18 witnesses, only 2 witnesses have been examined before the learned trial Court and there is no progress in the trial. The applicant has no previous criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. He also submits that the applicant has no previous criminal antecedents and submits that applicant assaulted the victim by means of sharp iron object (Dauli), as a result, victim received injury on her head and left hand, therefore, looking to the conduct of the applicant he is not entitled for grant of bail. 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 offence, the fact that the applicant is said to have assaulted the injured who has suffered injuries on her head and 3 left hand are found to be simple in nature, considering the fact that out of 18 witnesses only 2 witnesses have been examined before the trial Court, and charge-sheet has been filed, looking to the detention period of the present applicant since 05.03.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant- Sunil Khalkho, involved in Crime No.34/2024 registered at Police Station Kunkuri, District Jashpur (C.G.) for the offence punishable under Sections 458, 323, 326, 307 of IPC and 25 of the Arms Act, 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 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. 4 (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. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible preferably within a period of six months from today, if there is no legal impediment. 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 vaishali