1 / 3 2025:CGHC:3543 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 576 of 202 5 • Yashwant Sahu S/o Shri Satyanarayan Sahu Aged About 20 Years R/o Near Nagar Panchayat, Abhanpur, District- Raipur ( C.G.). ... Applicant versus • State of Chhattisgarh through- Police Station- Panchayat, Abhanpur, District- Raipur ( C.G.). ... Respondent For Applicant : Mr. Dashrath Kushwaha, Advocate For Respondent-State : Mrs. Mukta Tripathi, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judg e ORDER ON BOARD 21/01/2025 1. Applicant has filed this fourth bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 390/2023 registered at Police Station – Abhanpur, District Raipur (C.G.) for offence punishable under Sections 147, 148, 149, 307/34 of IPC and Section 25 & 27 of the Arms Act. 2. Case of prosecution in brief is that on 15.08.2023 the complainant lodged a report stating that at about 08.30 pm, when he was behind Government Hospital, near Bhagat Chowk, the applicant along with other co-accused persons came there with knife, hockey stick and stated that as to how the complainant has lodged report against them of commission of theft and thereafter, the applicant abused him and also caused stab injury on the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 stomach by knife. Thereafter, he was taken to hospital and the report was lodged. Based on the report, applicant was arrested on 13.01.2024. 3. Learned counsel for applicant submits that this application is filed on the ground that the material witnesses examined before the trial court including the victim have not supported the case of prosecution. It is contention of learned counsel for applicant that even the victim in his court statement has stated that he is not aware as to who gave knife blow upon his stomach. Other material witnesses have not supported the case of prosecution. There are nine accused persons who allegedly committed assault to injured Pursottam Sahu. The allegation of committing assault by means of knife is only against one person. Applicant is in jail since 13.01.2024. There are 14 witnesses and till 04.01.2025 only 06 witnesses have been examined. Trial may take some time to conclude, hence, applicant may be released on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that in the statement recorded under Section 161 of CrPC of the witnesses there is specific allegation of assault by means of knife caused by applicant. She further submits that the submission of learned counsel for applicant based on the deposition of witnesses is subject matter of appreciation by the trial court. There are four other criminal antecedents against applicant. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties, period of detention of applicant, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- 3 / 3 with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE