1 2025:CGHC:50468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7086 of 2025 1 - Amit Rohini S/o Late Dharmulal Aged About 35 Years, 2 - Vicky Rohini S/o Late Dharmulal Aged About 37 Years, Both are R/o Ambedakar Nagar Gaurella Ward No. 15, P.S. Gaurella, Distt. Gaurella Pendra Marwahi, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Gaurella, Distt. Gaurella Pendra Marwahi, Chhattisgarh ... Respondent For Applicants : Shri Vijay Shankar Mishra, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.221/2025 registered at Police Station Gaurella Distt. Gaurella- Pendra- Marwahi (C.G.) for the offence punishable under Sections 118A, 296, 115 (2), 109 (2) 3,5 of BNS Act. 2. Case of the prosecution, in brief, is that the complainant namely Ravi GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:41 +0530 2 Rathore made a written complaint at police station Gaurella that on 10.8.2025 at about 10 P.M at night he along with his friend namely Amit Rathore in his motorcycle were going towards the Ambedakar Nagar at Karan Rohini's house. Then Amit Rohini told he was having with his sister and hit Ravi Rathore with scissor lower side of his chest and Vicky beated him with leg, punch and hand. And when Amit Rathore came to save his friend then he also hit him with scissor in his liver due to that Amit Rathore also received injuries. Therefore after investigation the offences as mentioned above has been registered and arrested the accused persons. Hence this bail application. 3. Learned counsel for the applicants submits that the applicants are said to have caused injuries by scissor to the two injured, so far as Amit Rathore injured is concerned though he has suffered injuries on his person but the doctor has not opined whether the injury was simple or grievous in nature but in the query report it has been stated that the injury was found to be grievous in nature. So far as injured Ravi Rathore is concerned, it is stated that though he received injury on his front of chest right side but the injury was found to be simple in nature and in the query report the said doctor has mentioned injury to be grievous in nature and X ray of chest of Amit Rathore goes to show that no abnormality was detected. He would submit that the charge sheet has been filed in this case and the applicants are in jail since 11/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case 3 before the competent court. 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 so far as injujred Amit Rathore is concerned though he has suffered injuries on his person but the doctor has not opined whether the injury was simple or grievous in nature but in the query report it has been stated that the injury was found to be grievous in nature, so far as injured Ravi Rathore is concerned, though he received injury on his front of chest right side but the injury was found to be simple in nature and in the query report the said doctor has mentioned injury to be grievous in nature and X ray of chest of Amit Rathore goes to show that no abnormality was detected, considering the period of detention of the applicants since 11/08/2025, 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 applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Amit Rohini & Vicky Rohini, involved in Crime No.221/2025 registered at Police Station Gaurella Distt. Gaurella- Pendra- Marwahi (C.G.) for the offence punishable under Sections 118A, 296, 115 (2), 109 (2) 3,5 of BNS Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence 4 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 sufficient cause, the trial court may proceed against the under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 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 them 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