1 2025:CGHC:129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8959 of 2024 Narendra Rao Jagtap @ Katara S/o Vishnu Jagtap Aged About 19 Years R/o Banspara, Dhamtari, District : Dhamtari, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through SHO, P.S. City Kotwali, District : Dhamtari, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Non-Applicant(s) : Ms. Ankita Shrivastava, 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. 234/2024 registered at Police Station City Kotwali, District : Dhamtari (C.G.) for the offence punishable under Section 307/34, 324/34 of the Indian Penal Code and Section 2 25 and 27 or Arms Act. 2. Case of the prosecution, in brief, is that the FIR has been lodged by injured Ramesh Das against the applicant and other co-accused persons alleging that he used to run a shop in the weekly market and on 09.06.2024, he was selling clothes, at that time, the applicant and other co-accused persons came there, demanded money from him and one Sudama Nirmalkar, when they refused to give them money, the applicant assaulted them with knife, on account of which, they have suffered injuries on their persons, thereafter, the offence has been registered the applicant. 3. Learned counsel for the applicant submits that though the applicant went to weekly market for purchasing clothes and all of sudden the dispute arose between the applicant and injured Ramesh Das and in the heat of the movement, the applicant assaulted the injured persons, but the injuries sustained by the injured persons are simple in nature. The applicant is in jail since 10.06.2024 and he has no criminal antecedent. The 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 applicant. 4. On the other hand, 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. She further submits that the applicant alongwith other co-accused persons have assaulted the injurer persons by knife, due to which, the injured persons have sustained injuries on their persons, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.06.2024, the fact that the applicant alongwith other co- accused persons have assaulted the injured persons by knife, due to which, the injured persons have received injuries, but the injuries sustained by the injured persons are found to be simple in nature, the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Narendra Rao Jagtap @ Katara, involved in Crime No. 234/2024 registered at Police Station City Kotwali, District : Dhamtari (C.G.) for the offence punishable under Section 307/34, 324/34 of the Indian Penal Code and Section 25 and 27 or Arms Act, 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, the trial court may proceed against him under Section 4 269 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