1 2025:CGHC:44352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6905 of 2025 Sonu Sahu @ Gunu S/o Durgesh Sahu Aged About 25 Years R/o Raulkela Basanti Colony, P.S. Uditnagar, District Sundargarh (Orissa) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Rudri, District Dhamtari C.G. ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.16/2025 registered at Police Station Rudri, District Dhamtari (C. G.) for the offence punishable under Sections 109 (1), 332(B) of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.02 15:56:02 +0530 2 2. Case of the prosecution, in brief, is that the complainant has lodged report to concerned police station Rudri with intend that there was disputed arose in between accused person and injured person regarding complainant's wife and thereafter, the accused persons have assaulted upon injured person, as result of the same the injured person have received injury. Based upon such complaint, police has registered the offence punishable under section 109 (1), 332(B) of B.N.S. at crime no. 16/2025 against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the injured with knife who suffered injuries on both the hands and chin. It is stated that the applicant had stated that wife of the victim was known to him on account of which the dispute arose between the parties, though the injury was stated to be grievous in nature, but it was not found to be dangerous to life and no internal damage has been caused. He would submit that the charge sheet has been filed in this case, applicant is in jail since 09/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that though the injury was stated to be grievous in nature, but it was not found to be dangerous to life and no internal 3 damage has been caused, period of detention of the applicant since 09/05/2025, charge sheet has been filed, applicant has no criminal antecedents 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sonu Sahu @ Gunu, involved in Crime No.16/2025 registered at Police Station Rudri, District Dhamtari (C. G.) for the offence punishable under Sections 109 (1), 332(B) 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. (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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri