1 2025:CGHC:48344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7565 of 2025 Vikrant Lahore S/o Jugnu Singh Lahore Aged About 26 Years R/o Ward No. 06, Near Bazar, P.S. Tilda Nevra, Distt. Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Tilda Nevra Distt. Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Anway Tiwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025 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. 195/2025 registered at Police Station – Tilda Nevra, District Raipur (C.G.) offence under Sections 109, 296, 115(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s story, on 11.05.2025 at around 7:30 PM near Nevra liquor shop, the applicant, along with other co-accused, assaulted Hamid Ali with a knife, causing injuries to his stomach and abusing him. Thus, an FIR was lodged under Sections 109, 296, 115(2), 351(2), and Section 3(5) of the BNS against the applicant and other co-accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.19 19:04:41 +0530 2 person. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the allegation against the applicant is that he allegedly assaulted the injured with hands and fists, causing simple injuries. He also submits that the present applicant has only one criminal antecedent, which is currently pending trial. He also submits that the present applicant is in jail since 13.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in this case. She submits that the co-accused, namely Raj Sendre, assaulted the injured with a knife on his stomach, causing grievous injuries. So far as the present applicant is concerned, the allegation against him is that he allegedly assaulted the injured with hands and fists. Therefore, the present applicant is not entitled to the grant of regular bail in this case. 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 and from perusal of the case diary, it transpires that the main allegation is against the co-accused, namely Raj Sendre, who assaulted the injured with a knife, resulting in grievous injuries. So far as the present applicant is concerned, his case is distinguishable from that of the co-accused Raj Sendre, as the only allegation against him is that he assaulted the injured with hands and fists, causing simple injuries. Furthermore, the charge- sheet has already been submitted before the competent Court and he is 3 in jail since 13.05.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vikrant Lahore involved in Crime No. 195/2025 registered at Police Station – Tilda Nevra, District Raipur (C.G.) offence under Sections 109, 296, 115(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his 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 4 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/- (Ramesh Sinha) Chief Justice Abhishek