1 2025:CGHC:125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8949 of 2024 1 - Raju Thakur S/o Jalam Singh Thakur Aged About 39 Years (Wrongly Mentioned As Raju) (Wrongly As Jalam Thakur) Age About 39 Years (Wrongly Mentioned As 30 Years ) R/o Village Haldi P.S. Gunderdehi District - Balod (C.G.) 2 - Rajesh Kumar Thakur S/o Jalam Singh Thakur Aged About 34 Years R/o Village Haldi P.S. Gunderdehi District - Balod (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through S.H.O. Gunderdehi Balod District - Balod (C.G.) --- Non-Applicant(s) MCRC No. 8969 of 2024 1 - Sewant Vishwakarma S/o Jawahar Vishwakarma Aged About 22 Years (Wrongly Mentioned As R/o Village- Mohanipath, P.S- Arjunda,, District : Balod, Chhattisgarh 2 2 - Pramod Vishwakarma S/o Lalit Vishwakarma Aged About 35 Years R/o Village- Haldi, P.S- Gunderdehi,, District : Balod, Chhattisgarh 3 - Satyajeet Vishwakarma S/o Lalit Vishwakarma Aged About 26 Years R/o Village- Haldi, P.S- Gunderdehi, District- Balod, C.G 4 - Lalit Vishwakarma S/o Kruparam Vishwakarma Aged About 62 Years R/o Village- Haldi, P.S- Gunderdehi, District- Balod, C.G 5 - Jawahar Vishwakarma S/o Kruparam Vishwakarma Aged About 58 Years R/o Village- Haldi, P.S- Gunderdehi, District- Balod, C.G 6 - Dhansingh Vishwakarma S/o Kruparam Aged About 40 Years R/o Village- Haldi, P.S- Gunderdehi, District- Balod, C.G 7 - Bhupesh Kumar Sahu S/o Rekhram Sahu Aged About 27 Years R/o Village- Haldi, P.S- Gunderdehi, District- Balod, C.G ---Applicant(s) Versus State Of Chhattisgarh Through S.H.O- Gunderdehi, Balod, District : Balod, Chhattisgarh --- Non-Applicant(s) For Applicant(s) : Mr. Shikhar Bhaktiyar, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. C.R. Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2025 3 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are 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 applicants who have been arrested in connection with Crime No. 272/2024 registered at Police Station Gunderdehi, Balod, District : Balod (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 331(6) and 191(2) of BNS, 2023. 3. Case of the prosecution, in brief, is that the complainant, Pushpendra Dadsena, had gone to attend a Govardhan Puja program on November 2, 2024. When he returned home, he found some accused individuals, who were intoxicated, abusing and using foul language in front of his house. When Pushpendra asked them to stop, they entered his house and physically assaulted his family members, including his mother, father, grandfather, grandmother, brother, and sister, causing them injuries. A case was registered based on a report of a crime where the accused individuals also took one motorbike, Bullet MH-34-AF-5299, and fled after committing the offense. During the investigation, the accused individuals were traced and summoned to the police station, where they confessed to the crime. The accused, Sevan Kumar Vishwakarma, had used a plastic pipe in the incident, which was seized, alongwith the motorbike and another plastic pipe from the crime scene. Hence, the bail application. 4 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the complainant with his friends came in drunken condition, where the Goverdhan Puja Program was going on and started abusing and creating nuisance with everyone, then everyone requested him to go to his house. He also submits that the complainant has lodged the FIR only on the doubt that the applicants have not registered the FIR and due to that reason the complainant has made allegation against every person of his family, applicants themselves are victims in the present case. The applicants are in jail since 26.11.2024, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. Learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants were intoxicated, abusing and using foul language in front of his house, when complainant asked them to stop, they entered his house and physically assaulted him and his family members, due to which they have received some injuries on their persons, therefore, the applicants are not entitled for grant of bail. 6. Learned counsel for the objector vehemently opposes the bail application and submits that in spite of knowing the fact that the complainant is blind and having paralysis, the applicants have assaulted him and his family members by hand, fists and chain, 5 due to which he and his family members received injuries on their persons, therefore, the applicants are not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 26.11.2024, the fact that though the applicants have assaulted the complainant, who is blind and having paralysis and his family members by hand, fists and chain, due to which, they received some injuries on their persons, but the injuries sustained by them are found to be simple in nature, further the applicants have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 9. Let the Applicants-Raju Thakur, Rajesh Kumar Thakur, Sewant Vishwakarma, Pramod Vishwakarma, Satyajeet Vishwakarma, Lalit Vishwakarma, Jawahar Vishwakarma, Dhansingh Vishwakarma and Bhupesh Kumar Sahu, involved in Crime No. 272/2024 registered at Police Station Gunderdehi, Balod, District : Balod (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 331(6) and 191(2) of BNS, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect 6 that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them in accordance with law. 10. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil