1 2025:CGHC:122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8931 of 2024 Rajendra Kashyap S/o Late Chandrashekhar Kashyap Aged About 30 Years R/o Kumharpara, Guru Ghasidas Ward, Ward No. 28, Jagdalpur, District- Baster, C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Bodhghat, District- Baster, C.G. ... Non-Applicant For Applicant : Mr. Malay Shrivastava, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 423/2024, registered at Police Station : Bodhghat, District- Baster (C.G.) for the offence punishable under Sections 74, 109 and 3(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that on 29/09/2024, the juvenile attempted to outrage the modesty of the complainant’s wife. 2 The complainant’s wife informed the servant working in the complainant’s shop about the incident. Thereafter, the present applicant and the juvenile started a quarrel with the complainant. When the complainant’s son-in-law intervened to rescue him, the accused held the son-in-law, and the juvenile struck a blow to his neck. Based on the complaint, the police registered an offence punishable under Sections 74, 109 and 3(5) of Bhartiya Nyay Sanhita against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant along with co- accused who is a juvenile, is said to have involved in the present case. Admittedly, as per the prosecution case, the co-accused, who is a juvenile, appears to be applicant’s nephew and the allegation pertains to assaulting the injured. He further submits that the present applicant is an uncle of the juvenile. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that the present applicant has no criminal antecedents. He also submits that the present applicant has been in jail since 30.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submitted that the present applicant assaulted the injured, resulting in 3 grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant along with co-accused who is a juvenile, is said to have involved in the present case. Admittedly, as per the prosecution case, the co-accused, who is a juvenile, appears to be applicant’s nephew and the allegation pertains to assaulting the injured and the present applicant is an uncle of the juvenile and further the injuries received by the injured person is found to be simple in nature. Moreover, the present applicant has no criminal antecedents and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 30.09.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Rajendra Kashyap, involved in Crime No. 423/2024, registered at Police Station : Bodhghat, District- Baster (C.G.) for the offence punishable under Sections 74, 109 and 3(5) of Bhartiya Nyay Sanhita, be released on bail on 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 4 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 sufficient 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 sufficient 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 Rahul Dewangan