1 2025:CGHC:440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8654 of 2024 1. Pradip Yadav S/o Safedlal Yadav Aged About 43 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh - Bhilaigarh, Chhattisgarh. 2. Resham Kurre, S/o Bharat Lal Kurre, Aged About 38 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh - Bhilaigarh, Chhattisgarh. 3. Kamlesh Jaiswal, S/o Shankarlal Jaiswal Aged About 38 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 4. Gopi Tandan S/o Dukhuram Tandonav Aged About 28 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 5. Golu Thakur Alias Gaurav Thakur S/o Rajesh Gautam, Aged About 24 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 6. Prem Kosle S/o Ganesh Ram Aged About 35 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 7. Ramkumar Sahu S/o Pitamber Sahu Aged About 40 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 8. Bhushan Bharadwaj, S/o Shivcharan Bhardwaj Aged About 30 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. 2 9. Sandeep Yadav S/o Safedlal Yadav Aged About 38 Years R/o Ward No. 436, Ramnagar, P.S. Sarsiwan District Sarangarh- Bhilaigarh, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House Offiecer, P.S., Sarsiwan, District - Sarangarh Bilaigarh, Chhattisgarh. ... Non-applicant For Applicants : Mr. Shailendra Dubey, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.01.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 436/2024 registered at Police Station Sarsiwan, District Sarangarh - Bilaigarh (C.G.), for the offences punishable under Sections 191(2), 296, 351(3), 115(2), 333, 118 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that on November 19, 2024, when complainant Santosh Sharma arrived at Sarsiwan Police Station around 11 am to file a report, the present applicants/accused entered the police station premises. They allegedly assaulted Santosh Sharma, Sunil, Rajendra Nirala, Kishan Sharma, and Narayan Sahu, and threatened to kill them. 3. Learned counsel for the applicant submits that the present applicants are innocent person and have been falsely been 3 implicated in the aforesaid case. He submits that the present FIR is as a result of counter FIR. He also submits that the present applicants have no criminal antecedents and they are in jail since 19.11.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 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 further submits that the present applicants assaulted injured persons, resulting in grievous injuries. Therefore, the present applicants are 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. Considering the facts and circumstances of the case, as per the case diary, the injuries received by the injured are simple in nature. Moreover, the present applicants have no criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicants are in jail since 19.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Pradip Yadav, Resham Kurre, Kamlesh Jaiswal, Gopi Tandan, Golu Thakur Alias Gaurav Thakur, Prem Kosle, Ramkumar Sahu, Bhushan Bharadwaj and Sandeep Yadav involved in Crime No. 436/2024 registered at 4 Police Station Sarsiwan, District Sarangarh - Bilaigarh (C.G.), for the offences punishable under Sections 191(2), 296, 351(3), 115(2), 333, 118 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each 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 sufficient 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, 5 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 applicants are 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 them in accordance with law. 8. Office 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 Abhishek