1 2025:CGHC:48059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7523 of 2025 Deepak Bhoi S/o Lingraj Bhoi Aged About 24 Years R/o Village- Naanakpali, Police Station- Saraipali, Distt.- Mahasamund C.G. ... Applicant(s) versus State Of Chhattisgarh Through S H O, Police Station- Saraipali, Distt.- Mahasamund C.G. ... Non-Applicant(s) For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, 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. 111/2025 registered at Police Station- Saraipali, District- Mahasamund (C.G.), for the offence punishable under Sections 126(2), 296, 115(2), 309(4)(6), 351(2), 3(5), 311 of Bhartiya Nyaya Sanhita 2023 and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant Lingraj Sahu lodged a written report alleging that on 13.05.2025, after KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 making payment to labourers and visiting a salon, he was returning home along with Upendra Barik. As soon as they crossed Chittigirola, few persons came on a motorcycle and intercepted them. It is alleged that the present applicant along with Bablu, Prakash, Ayush & others assaulted the complainant with knife, sword, hands and fists and hurled abuses and looted Rs.25,000/-, saying that as he has become Sarpanch of the Organization, he is trying to stop liquor. Based on the said report, an FIR dated 13.05.2025 was registered against the present applicant and others. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that a counter version of the incident has also been lodged by the applicant against the complainant party and others. It is further contended that the injuries sustained by the alleged injured person are simple in nature. Except for the recovery of a motorcycle chain and a knife, no other incriminating article has been seized from the possession of the applicant. It is also submitted that the charge-sheet has already been filed before the competent Court and the conclusion of the trial is likely to take some time. Therefore, it is prayed that the applicant may be released on bail. 4. On the other hand, learned Panel Lawyer appearing for the State/non-applicant opposes the bail application and submits that the applicant, along with the co-accused, assaulted the injured with knife, sword, and fists, hurled filthy abuses and thereafter looted a sum of ₹25,000/- from him. It is further submitted that a motorcycle 3 chain and a knife were recovered from the possession of the applicant. Although the injuries sustained by the victim are simple in nature but considering the manner in which the crime was committed, 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. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 14.05.2025 and the fact that a counter version of the incident has also been lodged by the applicant against the complainant party and others and further the injuries sustained by the injured person are simple in nature and except for the recovery of a motorcycle chain and knife, no other incriminating article has been seized from the possession of the applicant and in the present case, charge- sheet has been filed before the competent Court and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Deepak Bhoi, involved in Crime No. 111/2025 registered at Police Station- Saraipali, District- Mahasamund (C.G.), for the offence punishable under Sections 126(2), 296, 115(2), 309(4)(6), 351(2), 3(5), 311 of Bhartiya Nyaya Sanhita 2023 and Section 25 and 27 of Arms Act, 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal