1 2025:CGHC:49184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7764 of 2025 Rehan Khan @ Rehan Momin S/o Mohammad Mansoor Momin Aged About 20 Years R/o Bandhawapara Choubey Colony, Thana- Sarkanda, Distt.- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through-Kendra-Sarkanda, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.09.2025 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. 933/2025, registered at Police Station : Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Section 119(1), 296, 115(2), 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 05.07.2025 when the complainant was standing near a tea stall, at that time, Rehan Khan of Bandhawapara who is a present applicant and a juvenile in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 conflict with law arrived on a motorcycle and demanded money from the complainant to buy liquor. When the complainant refused to give money, an altercation ensued, during which the juvenile attacked the complainant with a knife, and Rehan Khan struck the complainant on the head with a metal bracelet, causing bleeding injuries. Based on the complaint, FIR No. 933/2025 was registered against the applicant/accused under Sections 296, 115(2), 351(2), 119(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the applicant/accused was arrested on 06.07.2025. 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 the present applicant assaulted the injured with a metal bracelet on the head causing bleeding injuries which is non vital part of the body. He further submits that the applicant is in jail since 06.07.2025, 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, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She also submits that the applicant, along with a juvenile co-accused, committed a serious offence by attacking the complainant. It is stated that while the juvenile assaulted the complainant with a knife, the applicant struck him on the head with a metal bracelet, causing bleeding injuries, and having criminal antecedents, therefore, he is not entitled for 3 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, nature and gravity of allegation levelled against the applicant and the fact that though the allegation is that the applicant, along with a juvenile co-accused, assaulted the complainant with a knife and a metal bracelet, causing bleeding injuries, but the fact that the present applicant assaulted the injured with a metal bracelet on the head which is non vital part of the body and he is in jail since 06.07.2025 and further considering the fact that the charge-sheet has been filed before the competent Court and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the applicant, Rehan Khan @ Rehan Momin, involved in Crime No. 933/2025, registered at Police Station : Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Section 119(1), 296, 115(2), 351(2) and 3(5) of Bharatiya 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan