1 2025:CGHC:152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8738 of 2024 1 - Ravindra Yadav S/o Awadh Ram Yadav Aged About 21 Years R/o Village Lata School Para, Police Station Darri, Korba, District : Korba, Chhattisgarh ... Appellant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Darri, District : Korba, Chhattisgarh ... Non-Appellant For Appellant : Mr. Sushil Sahu, Advocate For Non-Appellant : Ms. Mandavi Bharadwaj, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02/01/2025 1. This is the second bail application filed by the applicant 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. 285/2023 registered at Police Station – Darri, District – Korba, Chhattisgarh for the offences punishable under Sections 294, 506, 323 & 307 of the Indian Penal Code, 1860. 2. Case of prosecution is that, on 18.12.2023 at about 12:30 A.M. in the night, when the injured along with his friends Umesh Sahu, Satish Rao, Sahil Ansari & Ajay Khairwar were sitting infront of fire, the aplicant came there and asked for the key of the motorcycle which was refused by the injured Rajab Allam upon which, the applicant abused him and thereafter, went back. After sometime, the applicant came back along with axe and SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 thereafter, assaulted the injured Rajab Allam on his head, due to which, he suffered grievous injures on his head. The injured was taken to hospital, incident was reported to the concerned police station, based upon which, aforementioned crime was registered and the applicant was arrested. 3. Learned counsel for the applicant submits that this second bail application is filed on the ground of delay in trial and further, after rejection of the first bail application, material witnesses have now been examined including the injured witness. He contended that as the injured witness is now examined, there is no apprehension of influencing the material witness. Applicant is a young boy aged about 21 years and there is no criminal antecedent against him. He is in jail since 28.12.2023, he has completed more than 01 year of pre-trial detention. Trial may take sometime. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the first bail application was dismissed on merits. The evidence which is relied upon by the counsel for the applicant is subject matter of appreciation by the learned Trial Court. He also contended that the injured witnesses in his statement has specifically stated that it is the applicant who has assaulted him by means of axe. 5. I have heard learned counsel for the respective parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, submission of the counsel for the applicant that the material witness is now examined before the learned Trial Court and further, as per the order-sheet, bailable warrants have been issued to all the remaining prosecution witnesses on 09.10.2024 and 13.11.2024, 3 without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey