1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7156 of 2025 1. Hitesh Sodi S/o Sodi Joga Aged About 32 Years R/o Village Damapara, Police Station Fulbagdi, District : Sukuma, Chhattisgarh 2. Deva Madvi S/o Late Dula Madvi Aged About 28 Years R/o Village Damapara, Police Station Fulbagdi, District : Sukuma, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Sukma, District : Sukuma, Chhattisgarh ... Non-applicant For Applicants : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 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 applicants who have been arrested in connection with Crime No. 19/2025 registered at Police Station – Sukma, District Sukma (C.G.) offence under Sections 296, 351(3), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant lodged a report at the concerned police station stating that, at the time of the incident, a dispute arose between the accused persons and the injured person regarding business matters in the courtyard of the complainant. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.10 13:21:55 +0530 2 Thereafter, the accused persons assaulted the injured person with hands and fists using filthy language, thereby causing injuries to the injured person. Based on the said report, the concerned police Station registered the aforesaid offences against the applicants. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that the main allegation is against the other co-accused person, namely Sodi Joga, who assaulted the injured with a knife, resulting in simple injuries. He also submits that the applicants have been implicated in the present case solely on the basis of mere suspicion. He also submits that the present applicants have no criminal antecedents and they are in jail since 05.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. He also submits that the present applicants along with other co-accused person have assaulted the injured by knife, due to which he received grievous injuries, therefore, they are not entitled for grant of regular bail in the present case. 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 and from a perusal of the case diary, it transpires that the main allegation is against the co-accused person, namely Sodi Joga, who assaulted the injured with a knife, resulting in grievous injuries. So far as the present applicants are concerned, their case is distinguishable from that of the 3 co-accused, Sodi Joga, as they are alleged to have associated with the said co-accused. Furthermore, the charge-sheet has already been submitted before the competent Court and they are in jail since 05.04.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Hitesh Sodi and Deva Madvi involved in Crime No. 19/2025 registered at Police Station – Sukma, District Sukma (C.G.) offence under Sections 296, 351(3), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each 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 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate 4 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 are 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek