1 2025:CGHC:48997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7746 of 2025 Sagar Bakshi S/o Shri Mukesh Bakshi Aged About 20 Years R/o Indira Nagar, Nayapara Ward, Dhamtari, Tahsil And Distt. - Dhamtari (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer Police Station - City Kotwali, Dhamtari, Distt.- Dhamtari (C.G.) ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.45/2025 registered at Police Station City Kotwali Dhamtari Distt.- Dhamtari (C.G.) for the offence punishable under Sections 126(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 19:24:08 +0530 2 109(1), 296, 351(3), 190, 191(2)(3), 3(5) of BNS 2023. 2. Case of the prosecution, in brief, is that complainant Lalit Mishra lodged the report at police station City Kotwali Dhamtari, Distt. Dhamtari (C.G.) on 02.03.2025 with the averment that he along with Rajkumar Yadav were going to celebrate the marriage function on the way Ginni Sardar and others have abused them and also caused the Injury to injured Rajkumar Yadav by knife at his stomach, head, and chest therefore the complainant given the information to the injured Mother and with the help of Mother and Brother of the injured admitted him at Dhamtari hospital so on the basis of the report thana Police registered the offences as mentioned above against 4 persons and arrested them recorded the memorandum statement of co-accused and arrested the applicant, after completing the investigation file the charge sheet against the applicant and others as well as against the Minor accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case by the complainant who is the friend of injured the name of the applicant is not mentioned in the FIR and his name has been roped based on the memorandum statement of the co-accused persons. He would submit that allegation against the present applicant is that he has assaulted the injured by hand and fist and allegation of assault by knife is against co-accused Jagesh @ Jaggu Yadav & Rajesh Yadav @ Khubu whose bail application have been rejected by this court in MCRC No.4459 of 2025 on 13/06/2025. He would submit that the charge sheet has been filed in this case, applicant has no criminal antecedents, he is in jail since 29/04/2025 3 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the allegation against the present applicant is that he has assaulted the injured by hand and fist and allegation of assault by knife is against co-accused Jagesh @ Jaggu Yadav & Rajesh Yadav @ Khubu whose bail application have been rejected by this court in MCRC No.4459 of 2025 on 13/06/2025. He would submit that the applicant has no criminal antecedents. 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, considering the fact that allegation against the present applicant is that he has assaulted the injured by hand and fist, period of detention of the applicant since 29/04/2025, charge sheet has been filed, applicant has no criminal antecedents, case of the applicant is distinguishable from the case of the co-accused Jagesh @ Jaggu Yadav & Rajesh Yadav @ Khubu whose bail application have been rejected by this court in MCRC No.4459 of 2025 on 13/06/2025 and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sagar Bakshi, involved in Crime No.45/2025 registered at Police Station City Kotwali Dhamtari Distt.-Dhamtari (C.G.) for the 4 offence punishable under Sections 126(2), 109(1), 296, 351(3), 190, 191(2)(3), 3(5) of BNS 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 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 5 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri