1 2025:CGHC:3137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9002 of 2024 • Budheshwar Painkra S/o Shobhit Painkra Aged About 41 Years Resident Of Village- Bagbahar, Police Station- Bagbahar, District : Jashpur, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Bagbahar, District : Jashpur, Chhattisgarh ... Respondent For Applicant : Mr. Jitendra Kumar Saxena, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 98/2022, registered at Police Station Bagbahar, District - Jashpur (C.G.), for the offence punishable under Sections 307 and 506(B) of the Indian Penal Code. 2. As per the prosecution case, the complainant has lodged a 2 report that on 11.07.2022 at about 03:00 PM, the victim who was grazing goats in the field near Government Girls School Jharpara Baghbahar in village Jharpara under Baghvbahar Police Station area, the applicant/accused has assaulted her with the help of axe (Tangi) thrice on the head and forehead with intention to kill her and after committing the crime, he absconded, accordingly, an offence has been registered against the applicant under Sections 307 and 506(B) of the Indian Penal Code. 3. Learned counsel for the applicant submits that though the applicant is said to have assaulted the injured with axe (tangi) who has suffered grievous injuries on his head, but the applicant is languishing in jail since 05.01.2023 and till date no prosecution evidence has been recorded as reflected from the order sheet of the case which has been annexed with the bail application and charges were framed against the applicant way back on 28.11.2023, therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submission made by the learned counsel for the applicant. He also submitted that the injuries sustained by the injured are grievous in nature and charge-sheet has been filed, therefore, he is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and also considering the fact that the charges were framed against the applicant way back on 28.11.2023, but till date no prosecution evidence has been recorded, further the charge-sheet has been filed in the present case before the competent Court and the applicant is in jail since 05.01.2023, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Budheshwar Painkra, involved in Crime No. 98/2022, registered at Police Station Bagbahar, District - Jashpur (C.G.), for the offence punishable under Sections 307 and 506(B) of the Indian Penal Code, be released on bail on his 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 court. In case of default of this condition, it shall be open for the trial court to treat 4 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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. However, this Court hopes and trusts that the trial Court shall 5 make an earnest endeavour to conclude the trial expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Manish MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.01.20 17:35:29 +0530