1 2025:CGHC:46922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7292 of 2025 Omprakash Bhaina S/o Rakhiram Bhaina Aged About 27 Years R/o Village Kosa, Police Station- Mulmula, District Janjgir - Champa C.G. ... Applicant(s) versus State Of Chhattisgarh Through The S H O Police Station- Mulmula, District Janjgir - Champa C.G. ... Respondent(s) For Applicant(s) : Mr. Sourabh Sharma, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 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. 184/2025 registered at Police Station Mulmula, District Janjgir - Champa (C.G.) for the offence punishable under Sections 109 of BNS. 2. Case of the prosecution, in brief, is that on 28.06.2025 the applicant quarreled with one Dolo Yadav. When Dolo Yadav informed injured Kishor Sahu of the incident, Kishor Sahu advised the applicant not AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 to fight with anyone. On the following day, 29.06.2025 at about 8:30 A.M., when Kishor Sahu was carrying paddy on a motorcycle along with Shani Bhaina and reached near the applicant’s house, the applicant, harbouring animosity over the previous day’s incident, assaulted Kishor Sahu on the head two to three times with a bamboo stick, causing grievous head injury and rendering him unconscious. The injured was taken to hospital and an FIR was lodged, pursuant to which the applicant was arrested on 29.06.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no ingredients of Section 109 BNS are made out, as neither the prosecution case nor the medical evidence supports the charge. The MLC dated 29.06.2025 shows only a single lacerated head injury and the discharge summary records no abnormality. Although the victim alleged 2–3 blows with a bamboo stick, the medical report reflects just one such injury, indicating exaggeration and false implication. There was no preparation or intention to kill, the incident arose suddenly when the complainant, after abusing the applicant over the previous day’s quarrel, engaged in a free fight near the applicant’s house. The applicant is in jail since 29.06.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is allegedly on 29.06.2025, while standing near his house, he assaulted Kishor Sahu on the head with a bamboo stick two to three times, causing a lacerated head injury and rendering him unconscious, therefore, applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 29.06.2025, the fact that though the applicant is allegedly on 29.06.2025, while standing near his house, he assaulted Kishor Sahu on the head with a bamboo stick two to three times, due to which, injured received injuries i.e. undisplaced fractures noted in bilateral nasal bones and nasal septum, but the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Omprakash Bhaina, involved in Crime No. 184/2025 registered at Police Station Mulmula, District Janjgir - Champa (C.G.) for the offence punishable under Sections 109 of BNS, 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:- 4 (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 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. 9. 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 Akhil