1 2025:CGHC:401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8383 of 2024 Sahil Khan S/o Shri Sher Khan Aged About 20 Years R/o Pathan Para Komakhan, Police Station Komakhan, Tahsil Komakhan, District Mahasamund Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Komakhan, District Mahasamund Chhattisgarh --- Non-Applicant(s) MCRC No. 8488 of 2024 Prakash Yadav S/o Brij Lal Yadav Aged About 24 Years R/o Ward No. 11, Komakhan Tahsil Komakhan District - Mahasamund (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through The Station House Officer Police Station Komakhan District - Mahasamund (C.G.) --- Non-Applicant(s) For Applicant(s) : Mr. Shikhar Sharma, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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 applicants who have been arrested in connection with Crime No. 125/2024 registered at Police Station Komakhan District - Mahasamund (C.G.) for the offence punishable under Section 109 r/w Section 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 25.09.2024, the present applicants have assaulted the complainant Toran Banjare with knife on his stomach, chest, shoulder, and other parts of body, thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the complainant/injured has filed his afÏdavit stating that he has no objection, if the present applicants have been granted bail, the said afÏdavit was filed before the trial Court concerned, a copy of which is annexed as Annexure A-2. The applicants are in jail since 02.10.2024, the applicants have no criminal antecedent, 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 applicants. 4. On the other hand, learned State Counsel appearing for the 3 respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants have assaulted the complainant/injured with knife on the vital parts of his body, due to which, the complainant/injured received grievous injuries on his person, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with it. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 02.10.2024, the fact that the applicant Sahil Khan has assaulted the complainant/injured with knife on vital parts of his body in which applicant Prakash Yadav accompanied him, though the complainant/injured sustained grievous injuries on vital parts of the body, but the same is not opined to be dangerous to life, also considering the fact that the complainant has filed afÏdavit stating that he has no objection, if the present applicants have been granted bail, the said afÏdavit was filed before the trial Court concerned, a copy of which is annexed as Annexure A-2, further the charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants-Sahil Khan and Prakash Yadav, involved in Crime No. 125/2024 registered at Police Station Komakhan District - Mahasamund (C.G.) for the offence punishable under Section 4 109 r/w Section 3(5) of BNS, 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 of the trial court absence of the applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil