1 2025:CGHC:178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9030 of 2024 1. Tiharu Vishwakarma S/o Late Veer Singh Aged About 60 Years R/o Amaldiha, Police Station - Bilaigarh, District - Sarangarh-Bilaigarh (Chhattisgarh) 2. Pradeep Vishwakarma S/o Jagat Vishwakarma Aged About 25 Years R/o Amaldiha, Police Station - Bilaigarh, District - Sarangarh- Bilaigarh (Chhattisgarh) 3. Jagat Vishwakarma @ Jaggu S/o Veer Singh Aged About 57 Years R/o Amaldiha, Police Station - Bilaigarh, District – Sarangarh - Bilaigarh (Chhattisgarh) ... Applicants versus State of Chhattisgarh Through - Station House Officer, Police Station - Bilaigarh, District - Sarangarh-Bilaigarh (Chhattisgarh) ... Non-applicant For Applicants : Mr. Amit Singh Chauhan, Advocate. For Non-applicants/State : Ms. Ankita Shukla, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 187/2024 registered at Police Station Bilaigarh, District Sarangarh - 2 Bilaigarh (C.G.), for the offence punishable under Sections 109(1), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that on July 3, 2024, complainant Yogeshwari Patel lodged a report at Bilaigarh Police Station, alleging that on the same day at around 2:00 a.m., the accused persons abused her family members, threatened their lives, and assaulted her husband, Vishnu Patel, using a club and axe. Based on this report, offenses under Sections 109(1), 296, and 3(5) of the B.N.S. were registered against the applicants. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He submits that according to the case of prosecution the injured Vishnu Patel had received 03 injuries, out of which 01 injuries on his head. He submits that the axe was recovered from the applicant Nos. 1 and 2 whereas from the possession of the applicant No. 03 club was recovered. He further submits that the applicants had no intention to kill the injured and the incident taken place in a grave and sudden provocation, therefore, the offence under Section 109 of the BNS is not made out. He further submits that the present applicants are in jail since 04.07.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submits that the charge- sheet has been filed in the present case before the competent Court. She further submits that the present applicants, with the intention of killing the complainant's husband, Vishnu Patel, assaulted him with an axe and club, 3 causing grievous head injuries, therefore, they are not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that applicant No. 2, who was armed with an axe, assaulted the injured party, resulting in grievous head injuries, therefore, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant No. 02 – Pradeep Vishwakarma, involved in Crime No. 187/2024 registered at Police Station Bilaigarh, District Sarangarh - Bilaigarh (C.G.), for the offence punishable under Sections 109(1), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 7. Whereas the applicant Nos. 01 and 03 who were armed with club and axe are assaulted in the non vital part of the injured, due to which he suffered simple injuries, and further the fact that they have no criminal antecedents and they are in jail since 04.07.2024, conclusion of the trial may take some more time, this Court is of the view that the applicant Nos. 01 and 03, namely, Tiharu Vishwakarma, Jagat Vishwakarma @ Jaggu are entitled to be released on bail in this case. 8. Accordingly, the bail application of the applicant Nos. - 01 and 03 - Tiharu Vishwakarma and Jagat Vishwakarma @ Jaggu involved in Crime No. 187/2024 registered at Police Station Bilaigarh, District Sarangarh - Bilaigarh (C.G.), for the offence punishable under Sections 109(1), 296, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail 4 on 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 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 sufficient 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 applicants 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 5 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 them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek