1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7186 of 2025 Kailash @ Raju Sinha S/o Shri Jasraj Sinha Aged About 25 Years R/o Village- Kandul, Thana And Tahsil- Arjunda, Distt.- Balod C.G. ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station- Arjunda, Distt.- Balod C.G. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who has been arrested in connection with Crime No.122/2025 registered at Police Station – Arjunda District - Balod (C.G.), for the offences punishable under Sections 221,121(1),324(3), 191(1), 296, 351(3), 115(2), 331(3), 126(2), 132 of BNS 2023. 2. The prosecution story in short is that, on 7.08.2025, between 9:30 am to 10:30 am the applicant along with other co-accused persons entered the premises of the Electricity Distribution Center, Tehsil VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:34 +0530 2 Arjunda, District- Balod expressing their grievances pertaining to an outage of electrical supply in their village for a duration of three days. In the course of the interaction, the villagers allegedly employed abusive language and issued threats of lethal harm towards the staff members present. The applicant along with other co-accused persons are alleged to have impeded the official duties being performed to have impeded the official duties being performed at the center, engaged in physical altercation with the employees on duty, and specifically, forcible pulled one Purushottam Sahu by his collar and assaulted him. Further, the applicant along with other co-accused persons are alleged to have caused damage to certain electrical equipment situated within the office premises and obstructed the flow of traffic on the main road adjacent to the electricity office. Thereafter, FIR has been registered against the accused persons. 3. The applicant is innocent and has been falsely implicated in the present case only because, along with other villagers, he had protested before the Electricity Department against non-supply of electricity in their village for three days, during which the incident occurred and only simple injuries were sustained. The applicant and others were arrested on 18.08.2025, and similarly placed co-accused have already been granted bail by this Hon’ble Court (Annexure A-3). The offence alleged is triable by the Judicial Magistrate First Class, and except for the memorandum statement, there is no legally admissible evidence against the applicant. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is ready to abide by all terms and conditions and 3 furnish bail bond and surety as may be directed by this Hon’ble Court. therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has not been filed. She further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, the applicant has been in custody since 18.08.2025, and the conclusion of the trial may take some more time. In view of the above, this Court is of the considered opinion that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Kailash @ Raju Sinha, involved in Crime No.122/2025 registered at Police Station – Arjunda District - Balod (C.G.), for the offences punishable under Sections 221,121(1),324(3), 191(1), 296, 351(3), 115(2), 331(3), 126(2), 132 of BNS 2023, be released on bail on furnishing personal bond with two local 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 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 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav