1 2025:CGHC:439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8647 of 2024 Mukesh Yadav S/o Moti Lal Yadav Aged About 20 Years R/o Khukhri P.S. And Tahsil - Rajpur, District - Balrampur - Ramanujganj, Chhattisgarh. ... Applicant(s) versus State of Chhattisgarh Through Police Station - Rajpur, District - Balrampur - Ramanujganj, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Akath Kumar Yadav, Advocate For Respondent(s) : Mr. Hariom Rai, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 252/2024 registered at Police Station Rajpur, District - Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 296, 351(3), 126(2), 109, 324(2) and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 12.07.2024, complainant Shashikant lodged report and alleged that on 11.07.2024 at evening 2 he came to his home Shivpur at around 6 pm, at that time, in Pulsar bike, accused touched the auto and on that issue complainant asked him to drive carefully and thereafter, the accused utter filthy language to complainant and thereafter stopped the auto of complainant. Applicant called other co-accused and thereafter assaulted to complainant & his parents and upon the report offence has been registered. Hence, this application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no prima facie case has been made out against them. Further, the applicant is innocent parson; they have been roped in the offence due to enmity. The applicant has not committed offence defined under section 296, 351(3), 126(2), 109, 324(2) and 3(5) of the BNS of Indian Penal Code. Further, a bare perusal of the impugned order goes to show that the injuries sustained by the applicant is also simple in nature. So far as criminal antecedents of the applicant is concerned, the applicant has no previous criminal antecedent registered against him. Lastly, the applicant is in jail since 09-10-2024, charge-sheet has already been filed and there is likely to be caused delay in the trail and therefore the applicant may kindly be granted bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant but could not dispute the fact that the injuries sustained by the complainant are simple in nature and further, the applicant has no previous criminal antecedents. 3 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, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the complainant are simple in nature and further the applicant has no previous criminal antecedents registered against him, the applicant is in jail since 09.10.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Mukesh Yadav, involved in Crime No. 252/2024 registered at Police Station Rajpur, District - Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 296, 351(3), 126(2), 109, 324(2) and 3(5) of the 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 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 them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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. 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