1 2025:CGHC:48061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7520 of 2025 Tomesh Kumar Yadav S/o Late Janardan Yadav Aged About 24 Years R/o Village Tekapar, P.S. And District - Balod, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Balod District - Balod (C.G.) ---- Non-applicant(s) For Applicant : Mr. Balraj Gupta, Advocate For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 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 applicant who has been arrested in connection with Crime No. 205/2025 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 324, 109, 191(2), 191(3), 238(b) and 3(5) of B.N.S. 2. Case of the prosecution, in brief is that complainant has lodged an FIR before the concerned police station alleging inter-alia that on the date of incident at about 9.30 p.m. the accused persons have KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 forcefully entered into house of the complainant and thereafter, they have committed marpeet with the complainant by using filthy language, and as result of the same, the injured person has received simple injuries on his body. Based upon such complaint concerned police has been registered the aforesaid offences against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. He further submits that at the time of incident, there was simple dispute arose between the parties with regard to previous enmity and thereafter, the present applicant along with other co-accused assaulted the injured with hands and fists on account of which the injured persons received simple injuries nor grievous in nature. He further submits that the applicant’s sister was in the house and has also received injuries and in the present case there were total 10 accused persons involved including the applicant out of which one is still absconding and rest others are arrested and charge-sheet has been filed before the competent Court and the applicant has no criminal antecedent and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. 4. On the other hand, the learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant, along with the co-accused, is alleged to have assaulted the injured persons with hands and fists, causing them injuries. However, the injuries sustained were on non-vital parts of the body and, though grievous in nature but not dangerous to life. Therefore, 3 the applicant is not entitled to be released on 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 allegation levelled against the applicant and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court further, the injuries sustained by the injured were found to be grievous in nature but not dangerous to life and the applicant is in jail since 17.05.2025 and the applicant has no criminal antecedent thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Tomesh Kumar Yadav, involved in Crime No. 205/2025 registered at Police Station Balod, District- Balod (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 324, 109, 191(2), 191(3), 238(b) and 3(5) of B.N.S, 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 4 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. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal