1 2025:CGHC:128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8957 of 2024 Ritik Joshi S/o Jagjivan Joshi Aged About 29 Years R/o Village- Karmandi, P.S- Shivrinarayan, District- Janjgir- Champa, C.G. Present Address- Parsuram Nagar, Puraina, P.S- New Rajendra Nagar, Raipur, District- Raipur, C.G. ... Applicant(s) versus State Of Chhattisgarh Through, New Rajendra- Nagar, Raipur, District- Raipur, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Hemant Gupta, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 146/2024 registered at Police Station 2 New Rajendra- Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 294, 506, 307, 34 of the Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that on 20.03.2024, present applicant alongwith one Sujit Nayak came to Signal Chowk on 23.03.2024 and upon some earlier dispute they have assaulted the injured Damodar @ Arjun Mahapatra, due to which, the injured sustained some incised wound caused by knife, thereafter, the offence has been registered against the applicant and another co- accused. 3. Learned counsel for the applicant submits that the applicant was wearing bracelet (kada) and another co-accused, namely, Sujit Nayak, who was armed with knife have though assaulted the two injured persons, who have received incised wound on their persons, but the injuries sustained by them cannot be caused by bracelet, which the applicant was wearing at the time of incident. The applicant is in jail since 23.03.2024 and he has no criminal antecedent. The charge-sheet has been filed in the present case and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant alongwith other co-accused persons have assaulted the injured persons, who sustained incised wound on their persons and the same can also be caused by bracelet, as it can be used as sharp weapon, therefore, the applicant is not entitled for grant of 3 bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the allegation against the applicant that he alongwith another co-accused person have assaulted the injured persons, due to which, the injured persons have sustained incised wound on their persons, but as per NCT Head report, there is no internal damage caused to the injured persons, further the applicant has no criminal antecedent and the charge-sheet has been filed in the present case, he is in jail since 23.03.2024 this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Ritik Joshi, involved in Crime No. 146/2024 registered at Police Station New Rajendra- Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 294, 506, 307, 34 of IPC, be released on bail on her 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 sufÏcient cause, 4 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 sufÏcient 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. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil