1 2025:CGHC:4727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 755 of 2025 Rishabh Verma S/o Ashutosh Verma Aged About 22 Years R/o Mandhar Vidhansabha, District - Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Vidhansabha, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Arjit Tiwari, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2025 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. 658/2024, registered at Police Station – Vidhansabha, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 127(1), 191(2), 191(3), 296 351(2) and 117(4) of the Bharatiya Nyaya Sanhita, 2023. (For short 'BNS'). 2 The case of the prosecution, is that on 30.10.2024, while the complainant was sitting along with his friends Anshu Verma, Sameer Yadu and Ram Sahu and when they were returning home and had reached near the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.28 17:34:01 +0530 2 Secretariate around 10:30 pm, the accused persons, namely, Shubham Rajput, along with Pritam and Gaurav, allegedly stopped the complainant, abused him using obscene langauge, and confronted him regarding an incident involving Shreyansh's car on 29.10.2024. It is further alleged that when the complainant attempted to flee the scene, the accused persons chased him and apprehended him near Kapil grocery store. At this point, the complainant is alleged to have jointed the other co-accused and assaulted the complainant. Accordingly, offence under above mentioned Sections has been registered and the present applicant has been arrested. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the main accused in the instant crime has been arrested by the Police Authorities and further has been granted bail by the learned Trial Court. It is further submitted that the applicant in the present case was merely attempting to intervene and de-escalate the altercation with the intent to resolve the conflict, without any intention to cause harm to the complainant. He later submitted that the co-accused, namely, Shreyansh Kurre has already been granted anticipatory bail by this Court vide order dated 20.1.2025 passed in MCRCA No. 101/2025. He further submits that the applicant has two previous criminal antecedents which is already disposed of, as stated by learned counsel for the applicant at Bar, further the charge-sheet has been filed in this case. The applicant is in jail since 01.11.2024 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 the charge-sheet has been filed in this case. It is further submitted that the present applicant and other co-accused 3 persons have assaulted the injured by which he received various injuries. Further, the applicant has two previous criminal antecedents, therefore, he is not entitled for grant of bail. 5 I have heard learned counsel for the parties and perused all of the 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 the sole allegation against the applicant is that he was present on the place of incident, further, the main accused has already been granted bail by the learned Trial Court and one another co-accused person, namely, Shreyansh Kurre has already been granted anticipatory bail by this Court vide order dated 20.1.2025 passed in MCRCA No. 101/2025, further the applicant has two previous criminal antecedents which is disposed of, the charge-sheet has been filed and the applicant is in jail since 01.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Rishabh Verma, involved in Crime No. 658/2024, registered at Police Station – Vidhansabha, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 127(1), 191(2), 191(3), 296 and 351(2) and 117(4) of the Bharatiya Nyaya Sanhita, 2023. (For short 'BNS'), 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 she 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 4 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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 Preeti