1 2025:CGHC:49224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7222 of 2025 Ganesh Prajapati S/o Munna Prajapati Aged About 30 Years R/o Village Sant Mata Karma Ward Bhatapara, Police Station Bhatapara City, District Balodabazar-Bhatapara Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Police Station Bhatapara, District Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. S.P. Sannat, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.09.2025 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. 352/2025 registered at Police Station : Bhatapara District – Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 121,221,132,296 & 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story is that the applicant constable number 525 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.25 18:32:33 +0530 2 Shivshankar Kare's written report on this basis, the above crime has been registered against the applicant/accused under Sections 121, 221, 132, 296, 115(2) BNS under Crime No. 352/2025 in Bhatapara City Police Station. From the observation of the case, it is seen that the applicant/accused was abusing the residents of the locality after consuming alcohol and was abusing them by using foul language. On receiving the information, when the police force of Bhatapara City Police Station reached there, the accused started abusing them also. When the applicant refused, he grabbed his collar, pulled and tore his uniform and started beating him with his hands and fists and scratched him near the neck and cheeks with his nails. When other police officers tried to intervene, he abused them and beat them with his hands and fists, tore their uniforms and scratched them with his nails and caused obstruction in government work. The involvement of the applicant/accused is prima facie visible. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and even if the entire prosecution story is accepted, no offence is made out under Sections 121, 221, 132, 296, and 115(2) of the B.N.S.S. 2023; that the allegations made by the complainant are baseless as there is no evidence to support the claim that the applicant forged any signatures; that the applicant is in jail since 18.06.2025; that they are permanent residents of the address mentioned in the cause title, possessing immovable property, and there is no likelihood of their absconding or tampering with the prosecution witnesses; and that he is ready and willing to furnish adequate security and abide by all 3 conditions and directions which may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposed the bail application of the present applicant and submitted that the applicant has four criminal antecedents therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it appears from the case diary that the injuries sustained by the injured person is simple in nature. The applicant has been in custody since 18.06.2025 and the charge-sheet has already been filed before the competent Court. As the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the present applicant is entitled to be released on regular bail in the present case. 7. Let applicant, Ganesh Prajapati, involved in Crime No. 352/2025 registered at Police Station : Bhatapara District – Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 121,221,132,296 & 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 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 sufficient 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