1 2025:CGHC:48333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7600 of 2025 Ajay Yadav @ Lala S/o Dashrath Yadav Aged About 34 Years R/o Kugda, Bharat Nagar, Police Station - Kumhari, District- Durg (C.G.) (As Per Impuged Order) ... Applicant versus State Of Chhattisgarh Through Police Station Kumhari, District- Durg, (C.G.) ... Non-Applicant For Applicant : Mr. Vedant Bhelonde, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.09 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 73/2025, registered at Police Station – Kumhari, District- Durg (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's case, on 09.05.2025 at around 10:00 PM, the victim, who was in an inebriated state, began a verbal and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 19:58:30 +0530 2 physical altercation with his wife and mother-in-law. The accused intervened to stop the fight. However, the victim started verbally abusing the accused. In a fit of rage, the accused brought an iron rod and struck the victim, who then fell unconscious. Subsequently, a neighbor, who is the complainant, lodged an FIR against the accused on 10.05.2025, and the accused was arrested by the police on the same day. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the injured is the brother-in-law (Jija) of the applicant, and he was having an altercation with the applicant’s mother and sister. It is alleged that when the applicant came to intervene in the quarrel, the incident took place, resulting in injuries to the victim. As per the medical report of District Hospital, Durg, the injured suffered a lacerated wound on his left eyebrow and parietal region, however, the X-ray report shows that no internal injury or damage was found. The learned counsel also submitted that the applicant has no previous criminal antecedents. Furthermore, the charge sheet has already been filed in the case, and the applicant has been in judicial custody since 10.05.2025. As the trial is likely to take a considerable amount of time to conclude, he prays for the grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 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 that the injured is the brother-in-law (Jija) of the applicant, and he was having an altercation with the applicant’s mother and sister, when the applicant came to intervene in the quarrel, the incident took place, resulting in injuries to the victim. As per the medical report of District Hospital, Durg, the injured suffered a lacerated wound on his left eyebrow and parietal region, however, the X-ray report shows that no internal injury or damage was found, the applicant has no previous criminal antecedents, furthermore, the charge sheet has already been filed in the case, and the applicant has been in judicial custody since 10.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Ajay Yadav @ Lala, involved in Crime No. 73/2025, registered at Police Station – Kumhari, District- Durg (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023, 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 4 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 applicants 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. 5 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 Preeti