1 2025:CGHC:3718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 547 of 2025 Pankaj Yadav S/o Birju Yadav Aged About 20 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. --- Applicant(s) versus State Of Chhattisgarh Through The Police Station Vidhan Sabha, Dist. Raipur --- Non-Applicant(s) MCRC No. 565 of 2025 1 - Sunil Das Manikpuri S/o Mr. Okeshwar Das Aged About 25 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. 2 - Hemant Manikpuri S/o Omprakash Manikpuri Aged About 24 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. 3 - Ishwar Yadav S/o Santram Yadav Aged About 20 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. 4 - Pradeep Pal S/o Chamman Pal Aged About 26 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 5 - Praveen Pal S/o Laxminath Pal (Wrongly Mentioned In Order As Lachhi Ram Pal) Aged About 19 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. 6 - Khemlal Sinha S/o Late Barsan Sinha Aged About 32 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. 7 - Karan Yadav S/o Uday Yadav Aged About 21 Years R/o Village Sakri, P.S. Vidhan Sabha, Dist. Raipur C.G. ---Applicant(s) Versus State Of Chhattisgarh Through The Police Station Vidhan Sabha, Dist. Raipur --- Non-Applicant(s) For Applicant(s) : Mr. Ankur Agrawal, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Raza Ali, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in 3 connection with Crime No. 661/2024 registered at Police Station Vidhan Sabha, Dist. Raipur (C.G.) for the offence punishable under Sections 115 (2), 351 (2), 324 (4), 326 (G), 333, 190, 191(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of the prosecution, in brief, is that the complainant, Ajay, filed a report at the Vidhan Sabha Police Station, stating that on 31.10.2024, at around 11:00 pm, he was walking home from Kailash's shop in Sakri when he was confronted by Gade Yadav, a resident of the same neighborhood, who was using abusive language. When Ajay asked him to stop, Gade Yadav allegedly grabbed his collar and started beating him, and his accomplices also joined in. After reaching home, Ajay called his elder brother, Rahul, and informed him about the incident. Rahul and their mother, Rambha, then went to Gade Yadav's house and told his father, Lakhan Yadav, about the incident, but he claimed that his son was not at home, and they returned home, thereafter in the night of the incident, at approximately 11:15 pm, Gade Yadav, Lakhan Yadav, and their accomplices forcibly entered the complainant's residence and vandalized various household items, including a motorcycle, bathroom gate, basin, window, chair, fridge, and other belongings. They also set the sofa on fire and escaped after opening the gas cylinder. Following this incident, the complainant contacted the former village head and reported the matter, and the fire was extinguished. The complainant then called his sister and brother-in-law, Giridhari Lal, who arrived at the scene with his wife, Dileshwari. However, upon their arrival, Gade Yadav 4 and his accomplices assaulted Giridhari and Dileshwari with fists, sticks, and rods, causing injuries to Giridhari's head, left hand finger, and Dileshwari's left hand palm. Based on the complainant's statement, a case was registered against the applicants, and were subsequently arrested. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that only on the basis of memorandum statement of the main accused person, the present applicants have been arrested, even there is no material available in charge-sheet against the applicants and the same is not admissible piece of evidence. He also submits that victim/complainant has no objection, if the present applicants have been granted bail, further the injured received injury on his head/parietal region, but there is no serious injury caused to him, only a swelling was found on his person. The applicants are in jail since 24.12.2024, the applicants have no criminal antecedent, charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicants have assaulted the complainant and other by hands and fists, due to which, the injured persons received injury on their person, therefore, the applicants are not entitled for grant of bail. 5 6. Learned counsel for objector submits that complainant/injured has no objection, if the present applicants have been granted bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 24.12.2024, the fact that though the allegation against the applicants that they assaulted the complainant/injured and other injured persons, due to which, the complainant/injured received injuries on his head/parietal region, but the injuries sustained by him is found to be simple in nature, only swelling was found on his person, also considering the fact that the complainant/injured has no objection, if the present applicants have been granted bail, further the applicants have no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 9. Let the Applicants-Pankaj Yadav, Sunil Das Manikpuri, Hemant Manikpuri, Ishwar Yadav, Pradeep Pal, Praveen Pal, Khemlal Sinha and Karan Yadav, involved in Crime No. 661/2024 registered at Police Station Vidhan Sabha, Dist. Raipur (C.G.) for the offence punishable under Sections 115 (2), 351 (2), 324 (4), 326 (G), 333, 190, 191(3) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- 6 (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. OfÏce 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