1 2025:CGHC:44028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6821 of 2025 Deepak Kumar @ Babban S/o Rajesh Kumar Aged About 26 Years R/o G.E. Road, Kukurbeda, Near Pundit Ravishankar University, Amanaka, Police Station - Saraswati Nagar, District - Raipur, Chhattisgarh (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet) ... Applicant versus State of Chhattisgarh Through - Police Station - Saraswati Nagar, District - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 24/2025, registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 115(2), 126, 296, 3(5), 309(5) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that on 09.02.2025 at about 11:30 P.M., when the complainant Abhishek Kumar Tamboli along with his friend Shiv Shankar Yadu was going from Sarona towards University on his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.30 12:06:35 +0530 2 motorcycle, upon reaching an under-construction road below the Amanaka Overbridge, one juvenile girl tried to stop them. As they did not stop, it is alleged that the present applicant, who was standing there with a lathi, attempted to stop them and commit loot. The present applicant allegedly assaulted them with a lathi, as a result of which both sustained injuries. It is further alleged that the present applicant attempted to commit loot, but the complainant somehow managed to run away from the spot. During subsequent enquiry, one Surya Dewar, a ragman, allegedly disclosed the name of the present applicant, on the basis of which the complainant lodged a report before Police Station Saraswati Nagar, District Raipur. Accordingly, the police registered an FIR against the present applicant and others for the offences mentioned in the application. During investigation, the accused persons were arrested, their memorandum statements were recorded, and upon completion of investigation, a charge-sheet was filed. The present applicant was arrested on 11.02.2025 and was sent to judicial custody. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He further submits that there is no direct evidence to prove that the present applicant was involved in the aforesaid offence. He also submits that the injuries of the injured are simple in nature. He submits that the present applicant has only one criminal antecedent under the Arms Act and he has been in jail since 11.02.2025, 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 State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and gravity of the offence, and further the fact that injury received by the injured person found to be simple in nature and further, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 11.02.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Deepak Kumar @ Babban, involved in Crime No. 24/2025, registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 115(2), 126, 296, 3(5), 309(5) and 351(2) of the Bhartiya Nyaya 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 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during 4 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 his, 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek