1 2025:CGHC:431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8597 of 2024 Lomash Singh Thakur @ Chote S/o Lt. Chandrika Prasad Singh Aged About 36 Years R/o Ward No. 01, Chulghat Road, Takhatpur, Police Station - Takhatpur District - Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - S.H.O. P.S. - Takhatpur District - Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 184/2024 registered at Police Station – Takhatpur, District Bilaspur (C.G.) offence under Sections 294, 506, 323 and 307 of the Indian Penal Code (IPC). 2. According to the prosecution, a written complaint was filed on March 8, 2024, stating that Dhaneshwari Thakur, the complainant's 2 younger sister, was married to the accused, Lomash Singh alias Chhote. On March 5, 2024, at 8:30 pm, Mohan Singh, the accused's elder brother, informed the complainant that Lomash had assaulted Dhaneshwari with a sickle, causing injuries to her stomach and head. She was initially taken to Takhatpur Hospital and later referred to CIMS Hospital Bilaspur, but her family took her to Vegas Hospital instead. A crime was registered based on the report. During the investigation, the victim's dying declaration and CT scan report were obtained. Given the severity of her injuries, Section 307 of the Indian Penal Code was added to the crime. Evidence was collected, and the accused was arrested, presented in court, and sent to judicial remand. After completing the investigation, a charge sheet was filed with the Court. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that the present applicant is the husband of the victim and the applicant used to suspect character of his wife, on account of which the incident took place. He further submits that the present applicant is in jail since 25.05.2024, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case that the present applicant is the husband of the victim and the applicant used to suspect character of his wife, on account of which the incident took place. Moreover, the charge-sheet has been filed before the competent Court and he is in jail since 25.05.2024, 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 bail in this case. 7. Let the Applicant – Lomash Singh Thakur @ Chote, involved in Crime No. 184/2024 registered at Police Station – Takhatpur, District Bilaspur (C.G.) offence under Sections 294, 506, 323 and 307 of the Indian Penal Code (IPC), be released on bail on his 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 Abhishek