1 2025:CGHC:7546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9053 of 2024 Suresh @ Banafar S/o Late Jivrakhan Yadav Aged About 45 Years R/o Village Pendri, Police Chowki - Sambalpur, Police Station - Navagarh, District : Bemetara, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Chowki - Sambalpur, Police Station - Navagarh, District : Bemetara, Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 339/2024, registered at Police Chowki – Sambalpur, Police Station Navagarh, District Bemetara (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, in brief, on 05.11.2024, complainant Mukesh Rajput lodged a report alleging that at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.13 13:47:30 +0530 2 approximately 8:45 PM on the same day, he visited Gopal Kirana shop, where the present applicant was present. The applicant allegedly assaulted Mukesh Rajput with a "danda" (stick), causing the victim to sustain a head injury. Subsequently, Mukesh Rajput lodged an FIR. 3. The learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He argues that the applicant has not committed any offense and that the victim lodged a false report. The reason for this false report, counsel claims, is that the complainant has allegedly been holding the applicant's married daughter against her will. Furthermore, counsel submits that the applicant's son had previously filed a written report regarding the complainant's alleged actions in holding the applicant's daughter. He further submits that the applicant has no criminal antecedents and he is in jail since 09.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not been submitted before the competent Court in the present case. He further submits that the present applicant assaulted the injured due to which he suffered severe head injury, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature and further, it transpires from the order sheets dated 02.01.2025 and 24.01.2025, twice the time being granted to the State Counsel to file the charge-sheet but the same has not yet been submitted, moreover, the applicant has no criminal antecedents and he is in jail since 09.12.2024, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is are entitled to be released on bail in this case. 7. Let the applicant – Suresh @ Banafar, involved in Crime No. 339/2024, registered at Police Chowki – Sambalpur, Police Station Navagarh, District Bemetara (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109 of the Bhartiya Nyaya Sanhita, 2023, 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 his 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 his, 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 Abhishek