1 2025:CGHC:3136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8986 of 2024 • Jaykishan Urf Banti Chauhan S/o Chhotelal Chauhan Aged About 20 Years R/o Village- Kosampali, Thana- Kotararod, Tehsil And Dist. Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station Kotararod, Dist. Raigarh (C.G.) ... Respondent For Applicant : Mr. Pradeep Kumar Singh, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 347/2024, registered at Police Station Kotararod, District - Raigarh (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 109 BNS, 2023. 2. As per the prosecution case, that the complainant namely 2 Rakesh Turate has lodged a report that on 13.102.2024 around 5:00 A.M. at complainant Israr Khan received a phone call from Kailash who is friend of the victim Riyaz Khan, Kailash informed Israr that fight took place and victim Riyaz Khan is hurt badly and he has been taken to the hospital. Then complainant Israr Khan with his mother went to hospital, then they saw that Riyaz Khan is hurt and also the friends of the victim namely Prakash Jaate and Kunal Patel are injured. Then Kailash narrated the incident to complainant that on 13.10.2014 at 2:30 Kailash and others were returning from police station towards Kirodimal Nagar, when they reached near over bridge main road then Golu, Sameer Urf Raja Chauhan, Banti Chauhan and other persons came to them and due to old enmity they uttered obscene words, threatened victim to cause death thereby intimated them and voluntarily cause hurt to victim by use of fist, hand and bamboo stick and they injured him, after that Riyaz Khan was taken to Zindal Hospital. On the basis of complaint lodged by the complainant, an offence has been registered against the applicant and other co-accused under Sections 296, 115(2), 351(2), 3(5) and 109 BNS, 2023. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on the ground of the old enmity. He further submitted that victim Riyaj Khan and complainant Israr Khan have given affidavits dated 3 06.12.2024 stating that they have no objection to the applicant being released on bail. In the police statement given by victim Riyaz Khan, applicant used only fist and hand, due to which the victim caused swelling on his head, left eye and left ear, the injuries are compoundable in nature and there was no bamboo stick seized from the possession of the applicant and also there is no independent witness with regard to the incident. He also submits that the present applicant has two criminal antecedent which are pending and one of the offence is bailable and other is compoundable in nature. He further submits that the charge-sheet has been submitted, the applicant is in jail since 15.10.2024. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant. He would further submitted that the victim has caused grievous injuries on his head, right eye and left ear and charge-sheet has been filed, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the the fact that the applicant used only fist and hand, due to which 4 the victim caused swelling on his head, left eye and left ear, the injuries are simple in nature. Also considering the fact that there was no bamboo stick seized from the possession of the applicant and there is no independent witness with regard to the incident, further the charge-sheet has been filed in the present case before the competent Court and he is in jail since 15.10.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Jaykishan @ Banti Chauhan, involved in Crime No. 347/2024, registered at Police Station Kotararod, District - Raigarh (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 109 BNS, 2023, be released on bail on his 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 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 their counsel. In case of his absence, 5 without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. 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 Manish MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.01.20 17:31:31 +0530