1 2025:CGHC:43652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6758 of 2025 • Sunny Nishad, S/o Tirathram Nishad, Aged About 26 Years, R/o Ward No. 2, Indira Nagar, Parpodi, P.S. Parpodi, District (Revenue And Civil) Bemetara (C.G.). ... Applicant versus • State Of Chhattisgarh, Through Station House Officer, Police Station Bori, District Durg (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Yogesh Pandey, Advocate. For State/Non-applicant : Ms. Ankita Shukla, Panel Lawyer. For Complainant : Mr. Rajbahadur Singh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.47/2025 registered at Police Station Bori, District Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3), 115(2) of Bharitya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 18.04.2025 in marriage DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 ceremony at Village Dome Basti at about 8:00 pm, some altercation taken place between the present applicant and the complainant namely, Likeshwar @ Tikeshwar, when they both were dancing. Present applicant started abusing the complainant and assaulted him by means of Knife, as a result of which the complainant received injuries on his back, neck and head. Thereafter case was registered against the present applicant. 3. Learned counsel for the applicant submitted that present applicant is innocent and has been falsely implicated in crime in question. He further submits that applicant is said to have assaulted two injured persons with knife. One injured namely Birendra Nishad, sustained injuries are found to be simple in nature and the other injured Likeshwer @ Tikeshwar, sustained injuries, wherein injury No.2 is found to be simple in nature, whereas the injuries Nos.1 & 3 are found to be grievous in nature, but as per MLC report injuries received by them are simple in nature. He further submits that applicant and injured person amicably settled their matter outside the Court, therefore, injured persons have no objection in granting bail to the applicant. It is further submitted that applicant is in jail since 21.04.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge sheet has already been filed in the present case and there is no criminal antecedent registered against the applicant, therefore, this bail application is liable to be rejected. 3 5. Learned counsel appearing for the complainant does not raise any objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and allegation levelled against the applicant. Further, considering the fact that applicant is said to have assaulted two injured persons with knife. One injured namely Birendra Nishad, sustained injuries are found to be simple in nature and the other injured Likeshwer @ Tikeshwar, sustained injuries, wherein injury No.2 is found to be simple in nature, whereas the injury Nos.1 & 3 are found to be grievous in nature, who undergone for surgery and admitted in the hospital for 9 days. Further considering the fact that complainant does not raise any objection in granting bail to the applicant. Also considering the fact that applicant is in jail since 21.04.2025, charge sheet has already been filed and the 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. 8. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Sunny Nishad, involved in Crime No.47/2025 registered at Police Station Bori, District Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3), 115(2) of Bharitya Nyay 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 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice