1 2025:CGHC:50472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7082 of 2025 Sarpanch Sahu S/o Shri Bhojram Sahu Aged About 31 Years R/o Village - Madkada, Thana - Kasdol, Distt. Balodabazar-Bhatapara Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Kasdol, Distt. - Balodabazar-Bhatapara Chhattisgarh ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri Soumya Rai, 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 applicant who has been arrested in connection with Crime No.527/2025 registered at Police Station Kasdol, Distt.-Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 126(2), 296, 351(3), 221, 324(4), 125, 132, 191(2), 191(3) and 190, 121(1) of BNS 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:40 +0530 2 2. Case of the prosecution, in brief, is that the complainant Satendra Kashyam Constable has lodged the report on 02.08.2025 with the averment that on 01.08.2025 he went to village Madkada in the duty along with the SDOP K.K. Vasnik, DSP Yogita Khaparde and other constables at Mahamaya Chowk objected the police party saying that the police cannot arrest the accused persons and about more than 20 persons have abused the police persons, stopped their vehicle threatened them and also damaged the vehicle CG-04-QD-5687 and in the aforesaid act complainant has also received the injury therefore the applicant and others were arrested. 3. Learned counsel for the applicant submits that all the co-accused persons have been granted bail by the trial court and the injury which has been caused to the complainant is simple in nature. He would submit that the applicant has four criminal antecedents which has been explained in para 4(a) of the bail application. He would further submit that charge sheet has been filed in this case, the applicant is in jail since 04/08/2025 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. 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 all the co-accused persons have been granted 3 bail by the trial court, further the fact that injury which has been caused to the complainant is simple in nature, period of detention of the applicant since 04/08/2025, 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 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- Sarpanch Sahu, involved in Crime No.527/2025 registered at Police Station Kasdol, Distt.-Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 126(2), 296, 351(3), 221, 324(4), 125, 132, 191(2), 191(3) and 190, 121(1) of BNS 2023., 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 4 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. 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