1 2025:CGHC:5338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 251 of 2025 Ashok Patel S/o Amrit Lal Hatgen aged about 42 Years Caste-Harijan, R/o Village Bajarpara, Surajpur, Tahsil & District- Surajpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer- Surajpur, District- Surajpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Abhinav Dubey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 497/2024 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 296, 351(2), 331(6), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of the prosecution, in a nutshell, is that the complainant lodged a report on 31.08.2024 at Surajpur police station, stating RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.30 10:57:04 +0530 2 that she resides in a house inherited from her father-in-law and husband after their passing. On 28.08.2024, at around 8 PM, while she had gone to Mahuapara to visit her elder son, one Rinku Rajput, along with the present applicant, allegedly broke the electricity meter and the lock of her house. Upon being informed, when she went to inquire about the incident, the accused verbally abused her with filthy language and attempted to assault her. Hence, this bail application has been filed. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has not committed any of the above said crime nor any evidence has been collected from which it can be alleged that the said offence has been committed. He further submits that the present applicant is the only earning member in the family and his family is totally dependent to run the welfare of the house. The applicant is in jail since 14.10.2024, the applicant has 03 criminal antecedents, in which, all cases are disposed off, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons have allegedly broke the electricity meter and the lock of her house, upon being informed, when she went to inquire about the incident, the 3 accused verbally abused her with filthy language and attempted to assault her, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though the applicant along with other co-accused persons have allegedly broke the electricity meter and locked of her house and verbally abused her with filthy language and attempted to assault her, and also the present applicant has 03 criminal antecedents, but he has filed covering memo about the criminal antecedents, which shows all cases are disposed of, and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 14.10.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let the Applicant- Ashok Patel, involved in Crime No. 497/2024 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 296, 351(2), 331(6), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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 4 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan