1 2025:CGHC:113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8918 of 2024 Tridev Kenwat S/o Ram Khilawan Kenwat Aged About 21 Years R/o Dhanuharpara, Chilhati, P.S. Sarkanda, Tahsil and District- Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Police Station Sarkanda District- Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 855/2024, registered at Police Station : Sarkanda, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that on 01.08.2024, the complainant, Shakuntala, lodged an F.I.R. against the present 2 applicant, alleging that he, along with co-accused, assaulted her husband with a tangiya (axe), causing him to suffer multiple injuries. Based on the complaint, the police registered an offence punishable under Sections 296, 115(2), 351(2), 109(5) of Bhartiya Nyay Sanhita against the present applicant and subsequently arrested him. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that as per the Medico-Legal Examination, the injuries suffered by the applicant is simple in nature, therefore the offence under Section 109 is not made out against the present applicant. The weapon (Tangiya) used for the commission of the offence has not been seized from the present applicant. He further submits that the applicant had not acted in the manner as alleged by the prosecution. He further submits that the applicant has no previous criminal antecedent and in the present case, charge-sheet has filed before the competent Court and the applicant is in jail since 02.08.2024 and the conclusion of the trial is likely to take quite long time. He further submits that other co- accused person, namely, Chhabilal Kenwat, in MCRC No. 7966/2024, vide order dated 19.11.2024, has already been granted regular bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge 3 sheet has been submitted before the competent Court. He further submitted that the present applicant assaulted the injured with a tangiya (axe), causing him to suffer multiple injuries. Therefore, the present applicant is 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. Taking into consideration the facts and circumstances of the case that the present applicant assaulted the injured with a tangiya (axe), resulting in simple injuries to Rajkumar’s left eye and the charge- sheet has been submitted before the competent Court and the applicant is in jail since 02.08.2024, the conclusion of the trial may take some more time and other co-accused person, namely, Chhabilal Kenwat, in MCRC No. 7966/2024, vide order dated 19.11.2024, has already been granted regular bail by this Court. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant, Tridev Kenwat, involved in Crime No. 855/2024, registered at Police Station : Sarkanda, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(5) of Bhartiya Nyay Sanhita, be released on bail on furnishing 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 4 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 him 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 him, 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 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 Rahul Dewangan