1 2025:CGHC:47516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7428 of 2025 Vijay Nirmalkar S/o Dhanush Nirmalkar, Aged About 38 Years R/o Village Mangata, Police Station Somani, District Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Station Somani, District Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Mr. Praveen Dhurandhar, Advocate. For Non-applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 99/2025, registered at Police Station : Somani, District- Rajnandgaon (C.G.) for the offence punishable under Section 296, 109 of B.N.S. (As per charge-sheet) 2. The case of the prosecution, in brief, is that the complainant, Thakesh Kumar Mandavi, resident of village Mangata, had gone out 2 to the village pond (Paitu Talab) for relieving himself on the night of 17.05.2025 at about 11:00 p.m. After returning from defecating, he was sitting on the bank (pachri) of Paitu Talab. At about 11:30 p.m., Vijay Nirmalkar/applicant, who resides near the school chowk of the village, came up to him and asked why he was speaking on the phone with his wife, saying that calls from his number had been received. The complainant/injured replied that the call was made about two months earlier and he had since stopped speaking. Thereupon, Vijay Nirmalkar/applicant, saying “how can he believe that he has stopped speaking,” began abusing him with obscene and filthy words against his mother and sister, and threatened him saying in effect that no one is worse than him and that he would not leave him alive and would kill him. With the intention to murder, he then struck the complainant/injured twice on the neck with a knife that he had with him, causing life-threatening injuries. While trying to defend himself, the complainant/injured grabbed his neck with his left hand, and in the knife blows his left-hand finger was also injured and bled. Terrified, he fled from the spot to his house and informed his father, Gyan Singh Mandavi, about the incident. On the complainant’s/injured report, an offence has been registered against the accused under Section 296 and Section 109 BNS. 3. Learned counsel for the applicant submits that the applicant is falsely implicated in this case. He submits that the applicant is said to have assaulted the injured with knife on his neck on account of which he received simple injuries on his neck. He further submits that the applicant and the injured both are the same village and the 3 applicant has no intention to commit murder of the injured and he was annoyed by the relationship between the injured and his wife. He also submits that the injured was given initial treatment and was not admitted in the Hospital and he refused for admission in the Hospital and himself refused higher treatment and was conscious and there is noboney injured sustained by him and no surgical treatment given and he even did not suffered any vascular injury on the neck, hence the ingredients of Section 109 of BNS, is not made out against the applicant and he is in jail since 18.05.2025 and in the present case charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that the applicant allegedly assaulted the injured with a knife on his neck, as a result of which the injured sustained serious injuries. As per the CT Scan report, the doctor has opined that if the injuries had not been treated immediately, they could have proved fatal. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed before the competent Court and further, considering that the 4 allegation against the applicant is that he assaulted the injured with a knife on his neck, as a result of which the injured sustained injuries, but subsequently got himself discharged from the hospital on 19.05.2025, while the incident occurred on 19.05.2025, and as per the CT Scan report no abnormality was detected in his neck, and also considering that the applicant has been in custody since 18.05.2025 and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the applicant 7. Let applicant, Vijay Nirmalkar, involved in Crime No. 99/2025, registered at Police Station : Somani, District- Rajnandgaon (C.G.) for the offence punishable under Section 296, 109 of B.N.S. (As per charge-sheet), 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 5 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal