1 2025:CGHC:50477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7019 of 2025 1 - Vinod Kumar Dahiya Son Of Kashi Dahiya, Aged About 28 Years Resident Of Bazar Para, Janakpur, Police Station Janakpur, Tahsil Bharatpur, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Janakpur, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Non-applicant For Applicant : Mr. Ramsajivan, Advocate For Non-applicant : Ms. Monika Thakur, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 09.10.2025 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 has been arrested in connection with Crime No. 133/2025 registered at Police Station - Janakpur, District – Manendragarh – Chirmiri - Bharatpur (C.G.), for the offence punishable under Sections 126 (2), 119 (1), 119 (2), 296, 115 (2), 351 (2) r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant namely, Jitendra Kushwaha, filed a report at the Janakpur Police Station, alleging SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 that on 17.07.2025, at around 07:00 pm, when the complainant along with his friends was returning from Village Jardol in his motorcycle, the applicant and other co-accused person stopped their motorcycle and demanded Rs. 200/- for consuming alcohol. The complainant refused for the same and due to which, the applicant and co-accused persons started abusing and assaulting the complainant and his friends with a wooden stick. Due to the said assault, the complainant and his friends sustained injuries over their person. Based on the complainant's report, an offense under Sections 126 (2), 119 (1), 119 (2), 296, 115 (2), 351 (2) r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicant and other co-accused were arrested on 19.07.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the injuries sustained by the complainant are in simple in nature. In support of his contention, he produced the copy of the medical report of the complainant and his friends namely, Shashikant and Suraj Choudhary for perusal of this Court. He further submits that has only 01 criminal antecedents against the applicant of the year 2025. He also submits that the applicant is in jail since 19.07.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge- 3 sheet has already been submitted before the competent Court in the present case. However, she do not dispute the submission of counsel for the applicant that the applicant is having 01 criminal antecedent of the year 2025 and further, she submits that there specific allegations against the applicant of committing assault over the complainant and other injured persons. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has only 01 criminal antecedents. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and injuries sustained by the complainant and other persons are simple in nature, the applicant is in jail since 19.07.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vinod Kumar Dahiya, involved in Crime No. 133/2025 registered at Police Station - Janakpur, District - Manendragarh – Chirmiri – Bharatpur (C.G.), for the offence punishable under Sections 126 (2), 119 (1), 119 (2), 296, 115 (2), 351 (2) r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 sufÏcient 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 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 sufÏcient 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. 5 8. OfÏce 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 Dey