1 2025:CGHC:44350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6917 of 2025 Satya Prakash Mersa S/o Late Jagjeevan, Aged About 21 Years R/o Naroutikapa, Police Station Kota, District Bilaspur (C.G.) (Description Of Applicant Is Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Kota, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Shobhit Koshta, Advocate. For Respondent/State : Ms. Souyma Sharma, PL. For objector : Shri Yogendra Chaturvedi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 1. Shri Shobhit Koshta, Advocate states that he has filed his memo of appearance in the Registry of this Court and he may be allowed to argue the case. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.02 15:56:02 +0530 2 bail to the applicant who has been arrested in connection with Crime No.472/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351 (2), 117 (2), 109 Read with Section 3 (5) of B.N.S. 3. Case of the prosecution, in brief, is that the complainant appeared at Police Station Kota and made complaint stating therein on that on 11- 05-2025, the accused persons abused mother and sister of complainant and threatened to kill them and the present applicant while driving the Car intentionally hit Vasudev Mersa and injured him. The query report showed the possibility of death of injured, due to which Section 109 of BNS was added in this case, FIR No.472/2025 has been registered against the applicant and other co-accused person for the offences as mentioned above. 4. It has been argued by learned counsel for the applicant that the applicant alongwith family members were going in a car and the applicant was on the driving seat. It is alleged that the applicant has hit the injured Vasudev Mersa who suffered injuries on his shoulder and it is stated that he has undergone surgery also. It is stated that there was some previous animosity between the parties and case under Section 376 IPC was registered against the applicant for committing rape on the victim who was his daughter-in-law and thereafter when he was released on bail, the present incident has taken place. It is further submitted that counter case was lodged against the complainant party and they have been granted anticipatory bail. He would submit that the charge sheet has been filed in this case, applicant is in jail since 3 12/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel as also learned counsel for the objector vehemently oppose the prayer for grant of bail. 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 of allegation levelled against the applicant, considering the fact that counter case was lodged against the complainant party and they have been granted anticipatory bail, period of detention of the applicant since 12/06/2025, charge sheet has been filed and also considering the fact that 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 bail application is allowed and it is directed that the Applicant- Satya Prakash Mersa, involved in Crime No.472/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351 (2), 117 (2), 109 Read with Section 3 (5) of B.N.S., 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. 4 (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. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri