1 2025:CGHC:55564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9156 of 2025 Thakur Ram Nishad S/o Siyaram Nishad Aged About 21 Years R/o Behind Somwari Bazaar, Nayapara, P.S. Gobara Nayapara, Distt.- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Rajim, District Gariyaband (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/11/2025 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.229/2025 registered at Police Station Rajim, Distt. Gariyaband (C.G) for the offence punishable under Sections 296, 115 (2), 351 (3), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.17 11:09:08 +0530 2 191 (2), 191 (3), 190, 109 of BNS & 25 of Arms Act. 2. Case of the prosecution, in brief, is that an FIR was lodged on 29.07.2025 by one Bhojram Sahu against unknown persons, reporting an incident taken place on 28.07.2025 at about 06:30 PM that while he along with his friends was going to attend a function at Village- Khopara, and due to rain they had stop at Village-Sursabandha, where they were attacked by 5-6 unknown persons by hands, fists and Knife, during this act one Budheshwar had sustained serious injuries by knife. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant is said to have assaulted the two injured with knife, one of the injured has received simple injury whereas other injured Budheshwar Sahu has received grievous injury. He would submit that there is no specific allegation against the applicant as the injured has not named the applicant and the applicant has not been identified. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court, the applicant has no criminal antecedents. He would submit that applicant is said to have assaulted the two injured with knife, one of the injured has received simple injury whereas other injured Budheshwar Sahu who has received grievous injury was stabbed by the applicant by knife in his abdomen and the CECT scan of whole abdomen goes to show that there was possibility 3 of small perforation in ileum in right iliac fossa region cannot be completely ruled out, therefore applicant is not entitled to be released on 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, submission of learned counsel for the parties, further considering the period of detention of the applicant since 30/07/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without further commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Thakur Ram Nishad, involved in Crime No.229/2025 registered at Police Station Rajim, Distt. Gariyaband (C.G) for the offence punishable under Sections 296, 115 (2), 351 (3), 191 (2), 191 (3), 190, 109 of BNS & 25 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri