1 2025:CGHC:450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8725 of 2024 Vishal Batra S/o Late Prahlad Batra Aged About 24 Years R/o S.S. Green Colony D.D.M Road Korba Police Station Kotwali Korba Tehsil And District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Kotwali Korba District - Korba (C.G.) ... Non-Applicant For Applicant : Mr. Shishir Dixit, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 536/2024, registered at Police Station –Kotwali Korba District - Korba(C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 109 of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 13.9.2024 at 2 around 11.15 PM, the complainant was sitting outside his house and at said time the Applicant who has Shop in itwari market, came in motorcycle and asked complainant about the unpaid amount and started abusing him, when complainant asked not to say abusive words, the applicant stabbed complainant with some knife type object because of which complainant sustained injuries over his body. To stop the incident one Manoj Patel intervened, on whom also the applicant inflicted injury. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is said to have caused injuries to the injured who has sustained one stabbed wound on right upper side of the chest and other lacerated wound on right hand and there is no query report regarding whether the injuries are dangerous to life or not and further as per the MLC the doctor has also not given any opinion regarding the nature of injuries. He further submitted that the applicant has eight previous criminal antecedents out of which five cases are disposed of and three cases are pending, charge-sheet has been filed and the applicant is in jail since 15.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 3 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no query report regarding whether the injuries are dangerous to life or not and further as per the MLC the doctor has also not given any opinion regarding the nature of injuries, further the applicant has eight previous criminal antecedents out of which five cases are disposed of and three cases are pending, the charge-sheet has been filed and he is in jail since 15.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Vishal Batra, involved in Crime No. 536/2024, registered at Police Station –Kotwali Korba District – Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 109 of Bharatiya Nyay Sanhita, 2023, 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 4 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 his 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 his, 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 5 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 8 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 Preeti