1 2025:CGHC:57805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9649 of 2025 Amit Yadav Urf Foni S/o Late Sewakram Yadav Aged About 27 Years R/o Azad Chowk Mangla, Thana - Civil Line, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Arakshi Kendra - Civil Line, District – Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.11.2025 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. 766/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 119(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 03.07.2025, the complainant Kundan Patel lodged a report at Police Station Civil Lines alleging that at about 4:00 PM at Mangla Liquor Shop, the accused Amit Yadav @ Foni demanded money for liquor, and upon refusal, abused him in filthy language, threatened to kill him, and assaulted him on the face with a liquor bottle, causing injuries and bleeding. It is further alleged that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 during the incident, about Rs. 8,000/- carried by the complainant fell on the spot, which the accused took and fled. The complainant’s nephew later took him to the hospital, and thereafter he lodged the FIR. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicant is said to have assaulted the injured with knife and as per the MLC report, the injuries sustained to the injured are simple in nature. The applicant is in jail since 08.09.2025 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 applicant is said to have assaulted the complainant/injured due to which he has sustained some injuries on his person, 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 charge-sheet has been filed against the applicant, further the applicant is said to have assaulted the injured with knife and as per the MLC report, the injuries sustained to the injured are simple in nature, the applicant is in jail since 08.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicant, Amit Yadav Urf Foni, involved in Crime No. 766/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 119(1) of the 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 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 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar