1 2025:CGHC:2284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 286 of 2025 Drivesh @ Dampi Dewangan S/o Late Gagdish Dewangan Aged About 29 Years R/o- Jagannath Mandir Ke Pas, Ashwani Nagar Raipur Thana Purani Basti, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O. Police Station Arjunda, Disrict – Balod (C.G.) ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 157/2024, registered at Police Station – Arjunda, Disrict – Balod (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 221, 131, 117(2), 121(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Chhattisgarh Medical Servants and medical Services Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2010. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The case of the prosecution, is that the complainant Manesh Kumar lodged a report that he is posted as guard in CHC Arjunda and on 390.07,.2024 at about 09:15 PM present applicant and his one friend came there and hot talk exchanged between the complainant and the applicant regarding fast treatment of the applicant and his friend as they were injured in a road accident and thereafter they assaulted them and caused injuries to the complainant and therefore the Police registered the above offence against the present applicant and his friend. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is only one criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the injuries sustained to the injured are grievous in nature. The applicant is in jail since 20.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant Manesh Kumar lodged a report that he is posted as guard in CHC Arjunda and on 390.07,.2024 at about 09:15 PM present applicant and his one friend came there and hot talk exchanged between the complainant and the applicant regarding fast treatment of the applicant and his friend as they were injured in a road accident and thereafter they assaulted them and caused injuries to the complainant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the injuries sustained to the injured are grievous in nature, the applicant is in jail since 20.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Drivesh @ Dampi Dewangan, involved in Crime No. 157/2024, registered at Police Station – Arjunda, Disrict – Balod (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 221, 131, 117(2), 121(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Chhattisgarh Medical Servants and medical Services Institutions (Prevention of Violence and Damage or Lass of Property) Act, 2010, 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:- (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar