1 2025:CGHC:4253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8527 of 2024 Lalit Jalkshatri S/o Ramesh Jalkshatri, Aged About 23 Years R/o Near Halka Talab Mathpuraina, Raipur, Police Station - Tikrapara, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Tikrapara, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aishwary Diwan, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.01.2025 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. 678/2024, registered at Police Station : Tikrapara, District Raipur, (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 118(1) and 3(5) of Bhartiya Nyay Sanhita, 2023 and Section 25 & 27 of Arms Act. 2. The case of the prosecution, in brief, is that on 02.09.2024, the complainant lodged a complaint at Police Station Tikrapara, stating that on 01.09.2024, at around 10:00 P.M., when the complainant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.25 14:08:14 +0530 2 came outside his old house, the present applicant, along with the co-accused, attacked him with a knife and verbally abused him using filthy language. Based on the written report of the complainant, Police Station Tikrapara, Raipur, registered a case against the applicant/accused under Sections 115(2), 296, 3(5), and 351(2), 118(1) of the B.N.S., as well as Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that there is a previous animosity between the parties and due to that a physical altercation arose between them. He further submits that the present applicant along with co-accused persons have allegedly assaulted the injured with knife who has received injuries which is simple in nature and non vital part of the body. He further submits that the present applicant has 05 criminal antecedents of the years 2022 and 2023 out of which 02 cases are in similar nature and all cases are still pending. He also submits that the present applicant is in jail since 30.10.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He also submits that the present applicant has 05 criminal antecedents of the years 2022 and 2023 out of which 02 cases are in similar nature 3 and all cases are still pending which shows that the applicant is a habitual offender. He further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 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 that the injuries received by the injured person is found to be simple in nature and on the non vital part of the body, further the fact that the present applicant has 05 criminal antecedents of the years 2022 and 2023 out of which 02 cases are in similar nature and all cases are still pending, which was explained in the covering memo and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 30.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let the Applicant – Lalit Jalkshatri, involved in Crime No. 678/2024, registered at Police Station : Tikrapara, District Raipur, (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 118(1) and 3(5) of Bhartiya Nyay Sanhita, 2023 and Section 25 & 27 of Arms Act, 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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