1 2025:CGHC:43386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6744 of 2025 Bablu Odiya @ Karan Mahanand Aged About 34 Years R/o Taj Nagar, Shiv Nagar, P/s Tikrapara, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Ps Mujgahan, Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 83/2025 registered at Police Station : Mujgahan, District – Raipur(C.G.) for the offence punishable under Sections 296, 118(1) 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. According to the prosecution story on the date of incident, the applicant along with other co-accused assaulted the complainant's son and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.26 18:33:41 +0530 2 friends. Upon such complaint, the concerned p/s registered the FIR u/s 296, 351(2), 115(2), 118(2), 3(5) of the BNS against the applicant and the other co-accused and during investigation, the applicant was arrested on 21.07.2025 and his memorandum was recorded and a knife alleged to have been used by him was recovered from the applicant and offence under s. 25 of the Arms Act was also impleaded. It is humbly submitted that the investigation is complete and the charge sheet has been filed. 3. The applicant submits that he has not committed any offence and has been falsely implicated in the present case. The prosecution’s case is false, baseless, and fabricated on incorrect facts. The applicant was arrested on 21.07.2025 by Police Station Mujgahan, Raipur, for offences under Sections 296, 118(1), 351(2), 3(5) of the BNS read with Section 25 of the Arms Act, and despite being innocent, he was remanded to judicial custody. As the charge sheet has already been filed, there is no requirement for custodial interrogation, and keeping him in jail will serve no purpose. The investigation is complete, the trial is underway, and the applicant, being the sole breadwinner of his family with a pregnant wife dependent on him, prays for his release on bail to prevent undue hardship to his family conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant, along with the co- accused, allegedly assaulted the injured persons who had gone for a picnic, it is alleged that co-accused Chandan Soni assaulted three injured persons with a knife. However, no specific role has been attributed to the applicant for causing injuries. Moreover, as the charge- sheet has already been submitted before the competent Court and the applicant has been in jail since 21.07.2025, and the trial is likely to take some time for its conclusion, I am of the considered opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Bablu Odiya @ Karan Mahanand, involved in Crime No. 83/2025 registered at Police Station : Mujgahan, District – Raipur(C.G.) for the offence punishable under Sections 296, 118(1) 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav