1 2025:CGHC:130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8960 of 2024 Rupoo @ Rupchand Satnami S/o Samaru Satnami Aged About 38 Years R/o Nawagaon Hatha, P.S. Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- SHO. P.S. Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Malay Shrivastava, Advocate. For Non-Applicant(s) : Mr. Malay Jain, 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. 342/2024 registered at Police Station Pandariya, District : Kawardha (Kabirdham) (C.G.) for the offence 2 punishable under Sections 296, 115(2), 119(1) and 126 (2) of Bharatiya Nyaya Sanhita (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant Nakul Patel lodged a report on 07.10.2024 that on the way of Bhadi Mandir, the applicant demanded money from complainant to consume liquor, when the applicant refused to give him money, the applicant assaulted the complainant with hand and fist, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the applicant has assaulted the complainant by hand and fists, but the injuries sustained by the injured persons is simple in nature. The applicant is in jail since 09.10.2024, the applicant has 18 criminal antecedents, out of which 11 cases are of Istagasha, one case is under the Excise Act of the year 2004 and rest of the six cases are under the IPC of the years 2009, 2011, 2013, 2021, 2022 and 2024, only three cases are pending against the applicant, further the charge-sheet has been filed in the present case 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. He further submits that the applicant has assaulted the complainant by hand and fists, due to which, he received some injuries on his person, further the 3 applicant is having 18 criminal antecedents against him, out of which 11 cases are of Istagasha, 1 case is under the Excise Act of the year 2004 and rest of the six cases are under the IPC of the years 2009, 2009, 2011, 2013, 2021, 2022 and 2024, therefore, the applicant is not entitled for grant of bail. 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 09.10.2024, the fact that though the applicant assaulted the complainant by hand and fists, due to which, the complainant received some injuries on his person, but the injuries sustained by the complainant are found to be simple in nature, also considering the fact that the applicant is having seven criminal antecedents and out of these seven cases, only three cases are pending against him 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. 7. Let the Applicant-Rupoo @ Rupchand Satnami, involved in Crime No. 342/2024 registered at Police Station Pandariya, District : Kawardha (Kabirdham) (C.G.) for the offence punishable under Sections 296, 115(2), 119(1) and 126 (2) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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. 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