1 2025:CGHC:3138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9021 of 2024 • Prateek Jagat S/o Chakradhari Jagat Aged About 20 Years (Wrongly Mentioned As Chako Jagat) R/o Santoshi Nagar, Near Shriram Ground, P.S. Tikrapara, District- Raipur ( C.G.). ... Applicant versus • State Of Chhattisgarh Through- P.S. Tikrapara, District- Raipur ( C.G.). ... Respondent For Applicant : Mr. Dr. Sudeep Agrawal, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicant has 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. 559/2024, registered at Police Station Tikrapara, District - Raipur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of BNS, 2023 and Section 25 & 27 of Arms Act. 2 2. As per the prosecution case, that the complainant Dhananjay Kumar has lodged a report stating that on 15.07.2024 at around 10:20 PM when Sandeep Nishad called him and informed that his brother Chandrashekhar Kumar was stabbed by Pratik Jagat and his brother Rishi Jagat at Main Road Santoshi Nagar near Amrit Tulya Tea Shop. Thereafter he was told to come to Tikrapara police station to lodge a report. He immediately reached Tikrapara Police Station with his wife and saw that his brother was covered in blood near his waist, he had injuries on his left side and mouth. When asked about the incident he told that at around 10:10 PM, he was drinking tea with his friends Aadarsh Mishra, Sandeep Nishad and Vasu Soni at Amrit Tulya tea shop in Santoshi Nagar, when Pratik Jagat came to him and started abusing, then his friend pacified him and sent him home. After a while Pratik Jagat came with his brother Rishi Jagat and both of them together again started abusing the victim and threatening to kill him and suddenly applicant/accused Pratik Jagat took out a sharp knife from his pocket and started attacking the victim on his stomach with intention to kill him. When the victim tried to defend himself, he got injured by the knife on the left side of his waist and Rishi Jagat hit him on his face and head with the stick that he was holding in his hand due to which he got injuries on his mouth and nose, accordingly, an offence has been registered against the applicants under Sections 296, 351(2), 115(2), 109 and 3 3(5) of BNS, 2023 and Section 25 & 27 of Arms Act. 3. Learned counsel for the applicant submits that the applicant/accused is said to have assaulted the injured with the help of knife and it is stated that both the injured Chandrashekhar Kumar and Dhananjay Kumar have filed an affidavit stating that because of night, they could not identified the assailant and moreover the injuries which have been caused to Chandrashekhar Kumar though appears to be grievous, but there was no internal damage. He further submits that the charge-sheet has been submitted, the applicant is in jail since 17.07.2024. Therefore, he prays that the applicants be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant, He also submitted that the injured has sustained grievous injuries on his head and charge-sheet has been filed, therefore, he is not entitled to be released on bail. 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 the fact that both the injured Chandrashekhar Kumar and Dhananjay Kumar have filed an affidavit stating that because 4 of night, they could not identified the assailant and moreover the injuries which have been caused to Chandrashekhar Kumar though appears to be grievous, but there was no internal damage, further the charge-sheet has been filed in the present case before the competent Court and he is in jail since 17.07.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Prateek Jagat, involved in Crime No. 559/2024, registered at Police Station Tikrapara, District - Raipur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of BNS, 2023 and Section 25 & 27 of Arms Act, 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 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, 5 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. 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 11:53:17 +0530