1 2025:CGHC:438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8637 of 2024 Kamlesh Kumar Sahu S/o Madho Sahu Aged About 35 Years R/o Village Raseda, P.S. - Akaltara, Dist. Janjgir-Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Akaltara, Dist. Janjgir-Champa Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate For Respondent(s) : 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 376/2024 registered at Police Station Akaltara, Dist. Janjgir- Champa (C.G.), for the offence punishable under Sections 119(1), 126(2) of the BNS. 2. Case of the prosecution, in brief, is that the applicants is alleged to have assaulted the complainant by hands and fist when complainant refused to give him money which was being demanded by the applicant for the purpose of consuming alcohol on 2 13.08.2024 at about 12:00 noon near Atal Chowk at Reaseda. Hence crime was registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as there existed a family dispute between the parties and the complainant is the mother-in- law of the applicant and the prosecution story is clearly an afterthought story. He further submits that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature. Further, so far as criminal antecedents of the applicant is concerned, the applicant is having a record of 2 criminal antecedents for similar nature of offence of year 2022 and 2023. He also submits that applicant himself went to the police station to register the FIR against Rohit Sahu, Washim Khan and Gaurav Sahu, but the FIR was already registered against the applicant hence, the police Akalatara did not register the report of the applicant. He lastly submits that the applicant is in jail since 13.08.2024 and is the sole bread earner of his family and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for enlarging the applicant on regular 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 and submits that applicant has 2 previous criminal antecedents for similar nature of offence of year 2022 and 2023, which itself shows that applicant is a habitual offender. 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 from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature and that there existed a prior family dispute between the parties and the complainant is the mother-in-law of the applicant, the applicant is in jail since 13.08.2024, 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, Kamlesh Kumar Sahu, involved in Crime No. 376/2024 registered at Police Station Akaltara, Dist. Janjgir- Champa (C.G.), for the offence punishable under Sections 119(1), 126(2) 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 4 cause, the trial court may proceed against them 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 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