1 2025:CGHC:52584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8531 of 2025 Sushil Mahanand S/o Devarchand Mahanand Aged About 19 Years R/o Jagriti Nagar Urkura, Jai Shriram Arya Colony, P.S. Khamtarai, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, Raipur, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.571/2025 registered at Police Station - Khamtarai District Raipur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 118(1) & 3(5) of the BNS. 2. The prosecution story in brief is that the complainant has made complaint to the concerned police station alleging that at the time of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:09 +0530 2 incident, there was simple dispute in between both parties with regard to previous enmity and thereafter, the accused person have committed marpeet with injured person. Based upon such complaint, the police station has registered the offence under section 296, 351(2), 115(2), 118(1), 3(5) of B.N.S. against the applicant. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case, as he has no connection or involvement with the alleged incident narrated by the prosecution. It is submitted that at the time of the incident, a minor dispute arose between the parties; however, the applicant neither assaulted the injured person nor committed any of the offences alleged against him. The injury sustained by the victim is simple in nature and not grievous. No credible evidence or proof has been produced by the prosecution to substantiate the allegations against the applicant, and the material available on record does not disclose the commission of any offence by him. The applicant has been in judicial custody since 24.07.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court and applicant has one criminal antecedent. He further submits that the present applicant assaulted 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 3 diary. 6. Taking into consideration the facts and circumstances of the case, the nature of the injuries sustained by the victim being simple, and noting that the charge-sheet in the present case has already been filed and the applicant has been in judicial custody since 24.07.2025, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sushil Mahanand, involved in Crime No.571/2025 registered at Police Station - Khamtarai District Raipur (C.G.), for the offences punishable under Sections 296, 351(2), 115(2), 118(1) & 3(5) of the BNS. , be released on bail on furnishing personal bond with two local 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 4 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 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 vaibhav