1 2025:CGHC:57483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9616 of 2025 Vishal Dey S/o Amit Dey Aged About 19 Years R/o Behind Dhan Mandi, Budhadev Nagar, Torwa, District Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Torwa, District Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Samrath Singh Marhas, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26/11/2025 1. The applicant has preferred this Second 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. 119/2025, registered at Police Station – Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 351(1), 109, 191(3) and 190 of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) and Sections 25 and 27 of Arms Act. 2. The first bail application of the applicant was dismissed as withdrawn vide order dated 21.08.2025 passed in MCRC No. 6599/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 14:33:38 +0530 2 3. As per the prosecution story, the complainant, Khetro Mahanand, lodged a report at Police Station Torwa on 15.03.2025, stating that on 14.03.2025, at around 4:30 PM, he and his friend Arun Das Manikpuri were standing near the old public toilet beside the Aanganwadi when the accused persons Som Singh Chouhan, Manish Shrivas, Karan Banerjee, Yashwant Singh Thakur @ Gabbar, Vishal Maitri, and Somnath Nishad arrived and initiated a quarrel. It is alleged that Som Singh Chouhan and Manish Shrivas attacked Arun Das Manikpuri on his stomach with a knife, while Yashwant Singh and Somnath Nishad simultaneously struck him on his back with a makeshift chain–sprocket weapon. During this incident, the complainant was restrained and threatened with a sword by Karan Banerjee and Vishal Dey, preventing him from intervening. As a result, the victim sustained serious injuries on sensitive parts of his body. On the basis of the written complaint, an FIR was registered against the applicant and the co-accused persons. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that, as per the prosecution's version, the applicant along with co-accused Som Chouhan is alleged only to have caught hold of the injured, whereas it is the co-accused Karan Banerjee who assaulted the injured with a knife, causing grievous injuries. It is further stated that the alleged assault attributed to co-accused Som Chouhan with a stick, resulted in simple injuries, and the applicant himself is not alleged to have caused any injury; he is stated only to have held the complainant. Further the bail application of the co-accused, Som Chouhan has already been granted by this Court vide order dated 08.10.2025 passed in MCRC No. 7916/2025. The charge-sheet has already been filed, and the applicant has been in judicial custody since 19.03.2025. Considering that the trial is 3 likely to take considerable time to conclude, he prays that the applicant be granted bail. 5. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. He further submits that the bail application of the co-accused, namely Karan Banerjee, has already been rejected by this Court vide order dated 08.10.2025 passed in MCRC No. 7954/2025. He also submits that a sword has been seized from the possession of the applicant, therefore, the applicant is not entitled to the grant of bail. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant along with co-accused Som Chouhan is alleged only to have caught hold of the injured, whereas it is the co-accused Karan Banerjee who assaulted the injured with a knife, causing grievous injuries, further the alleged assault attributed to co-accused Som Chouhan with a stick, resulted in simple injuries, and the applicant himself is not alleged to have caused any injury, he is stated only to have held the complainant, furthermore the case of the applicant stands on a different footing and is distinguishable from that of co-accused Karan Banerjee, whose bail application has been rejected by this Court, the charge-sheet has already been filed, the applicant has no previous criminal antecedents, and the applicant has been in judicial custody since 19.03.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Accordingly, the second bail application is allowed. Let applicant - 4 Vishal Dey, involved in Crime No. 119/2025, registered at Police Station – Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 351(1), 109, 191(3) and 190 of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) and Sections 25 and 27 of Arms Act, 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 sufficient cause, the trial court may proceed against his 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 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 5 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 his in accordance with law. 9. Office 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