1 2025:CGHC:987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 33 of 2025 Prashant @ Sonu Shukla S/o Durga Prasad Shukla Aged About 23 Years R/o Village Mendra, Near Pappu General Store, Police Station Sakri, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - Sakri, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Shrivastava, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 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. 877/2024, registered at Police Station : Sakri, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 119(1) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report on November 10, 2024, at Sakri Police Station, District RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.08 11:14:45 +0530 2 Bilaspur, Chhattisgarh, alleging that on the same day around 9:00 PM, the accused came near his father’s shop and demanded money. Upon refusal, the accused allegedly abused and assaulted him with a sharp weapon. It is further alleged that when the complainant’s father intervened, the accused also assaulted him. Based on these allegations, the police registered an offence under Sections 296, 115(2), 351(2) and 119(1) of Bhartiya Nyay Sanhita, 2023 against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that there is no reliable witness to the offence to prop up the alleged prosecution story. It seems that the prosecution story is based upon circumstantial evidence and is not upon direct or legal evidence. He further submits that the present applicant has 03 previous criminal antecedents. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He also submits that the present applicant is in jail since 12.11.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant has 03 criminal antecedents of the years 2023, 2024 which shows that the applicant is a habitual offender. He further submitted that the present applicant assaulted the 3 injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the injuries received by the injured person is found to be simple in nature. Moreover, the present applicant has 03 criminal antecedents of the years 2023, 2024 which was explained in the para No.4(a) and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 12.11.2024, 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. Let the Applicant – Prashant @ Sonu Shukla, involved in Crime No. 877/2024, registered at Police Station : Sakri, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 119(1) of Bhartiya Nyay Sanhita, 2023, be released on bail on 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 4 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