1 2025:CGHC:183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9040 of 2024 Amrish Singh Rajput S/o Arvind Kumar Rajput Aged About 49 Years R/o Anupama Chowk Atal Bihari Ward, Jagdalpur District - Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station - Kotwali Jagdalpur, District - Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Singh Baghel, Advocate For Respondent(s) : 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 539/2024 registered at Police Station Kotwali Jagdalpur, District - Bastar (C.G.), for the offence punishable under Sections 115(2), 119(1), 351(2), 296 of the BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant Rajesh Tanti lodged report at Police Station, Kotwali, Jagdalpur, alleging therein that on 17.11.2024, he was sitting in the Counter of 2 Annapurna Restaurant, at that time near about 10.00 hours, the applicant told him to bring liquor, which was objected by the complainant, upon which, the applicant abused him with filthy language, threatened him for life and also assaulted him with hand, due to which he is feeling pain in his neck. On the basis of said report, the alleged offences have been registered against the applicant. 3. Learned counsel for the applicants would submit that the applicant has been falsely implicated in this case and he is in jail since 23.11.2024. He further submits that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature. Further, so far as criminal antecedents of the applicants is concerned, though the applicant is having a record of 10 criminal antecedents, but all of them are old and stale belonging to the year prior to 2020. He lastly submits that the applicant is in jail since 23.11.2024 and though the charge- sheet has been filed, the conclusion of the trial is likely to take some time hence, he prays for enlarging the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has 10 previous criminal antecedents which itself shows that applicant is a habitual offender. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature and further so far as criminal antecedents of the applicant is concerned, though the applicant is having a record of 10 criminal antecedents, but all of them are old and stale belonging to the year prior to 2020, the applicant is in jail since 23.11.2024, charge-sheet has already been filed and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Amrish Singh Rajput, involved in Crime No. 539/2024 registered at Police Station Kotwali Jagdalpur, District - Bastar (C.G.), for the offence punishable under Sections 115(2), 119(1), 351(2), 296 of the BNS and Section 25, 27 of Arms Act, 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 sufficient 4 cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 sufficient 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 Abhishek