1 2025:CGHC:2281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 292 of 2025 1 - Shubham Singh Rajput S/o Late Chhatrapal Singh Aged About 28 Years R/o Gandhi Nagar Ratanpur, Police Station- Ratanpur, District- Bilaspur (C.G.) 2 - Amit Netam S/o Heerasingh Netam Aged About 23 Years R/o Gandhi Nagar Ratanpur, Police Station- Ratanpur, District- Bilaspur (C.G.) --- Applicants versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station- Ratanpur, District- Bilaspur (C.G.) --- Non-applicant MCRC No. 294 of 2025 Aditya Soni S/o Ajay Soni Aged About 24 Years Gandhi Nagar Ratanpur, Police Station House OfÏcer, Police Station Ratanpur, District Bilaspur (C.G.) --- Applicant Versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Ratanpur , District Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Vikash A. Shrivastava, Advocate. For Respondent/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicants have preferred these Second Bail Applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 565/2024 registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 191(2), 191(3), 126(2), RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 221, 121(1), 132 of the BNS, 2023, Section 3 of the prevention of Damages to Public Property Act, 1984, and Section 15 of the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985. 2. Case of the prosecution, in brief, is that the complainant Krishna Binjhwar, Constable No. 878 along with Ghanshyam Rathore, Constable No. 755 were on patrolling duty from 26.08.2024 at about 9.00 PM night to 27.08.2024 at about 9.00 AM morning. They received a complaint regarding some difÏculties/problems due to loud voice of DJ by Gandhi Nagar Committee. They reached near the spot at about 10.45 PM then found that some persons of Ajad Yuva Samiti, Gandhi Nagar, Ratanpur were dancing on the loud voice of DJ who were tried to get understand for low voice of DJ but the President of the committee Atim Netam along with his friend including the present applicants started quarrel in furtherance of their common intention, abused the complainant and his companion in filthy languages and told that they don't require any permission to play DJ and thereafter started their dance on loud voice and also started quarrel by pelting stones on the Government vehicle and the complainant. The complainant and his companion were also assaulted by the accused persons including the present applicants by hands, legs and fits due to which they received injuries and there were many scratches on the vehicle and backlight of the vehicle was damaged. On mobile information, the Station House OfÏcer along with Sub-Inspector and constable came there and then the present applicants along with other co-accused persons escaped from there. On the basis of report lodged by the complainant, the FIR was registered and investigation was initiated. During course of investigation, the constables were sent for medical examination, applicants along with co- accused persons were arrested. 3 3. Earlier the first bail applications preferred by the applicants were rejected by this Court vide orders dated 25.09.2024 and 19.09.2024 passed in MCRC Nos. 6481/2024 and 6524/2024. 4. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that the bail application of the co-accused has been allowed by this Court vide orders dated 04.12.2024 passed in MCRC Nos. 7799/2024, 8023/2024 and 8269/2024. The applicants are in jail since 27.08.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that some persons of Ajad Yuva Samiti, Gandhi Nagar, Ratanpur were dancing on the loud voice of DJ who were tried to get understand for low voice of DJ but the President of the committee Atim Netam along with his friend including the present applicants started quarrel in furtherance of their common intention, abused the complainant and his companion in filthy languages and told that they don't require any permission to play DJ and thereafter started their dance on loud voice and also started quarrel by pelting stones on the Government vehicle and the complainant, the complainant and his companion were also assaulted by the accused persons including the present applicants by hands, legs and fits due to which they received injuries and there were many scratches on the vehicle and backlight of the vehicle was damaged, therefore, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 4 7. Considering the fact and circumstances of the case and after hearing the submissions advanced by learned counsel for the parties, further the fact that the charge-sheet has been filed in this case. It is also submitted that the bail application of the co-accused has been allowed by this Court vide orders dated 04.12.2024 passed in MCRC Nos. 7799/2024, 8023/2024 and 8269/2024, and the applicants are in jail since 27.08.2024 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the applicants, Shubham Singh Rajput, Amit Netam, and Aditya Soni involved in Crime No. 565/2024 registered at Police Station – Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 191(2), 191(3), 126(2), 221, 121(1), 132 of the BNS, 2023, Section 3 of the prevention of Damages to Public Property Act, 1984, and Section 15 of the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985, be released on bail on their 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 5 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 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. 9. OfÏce 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 Rajshekhar