1 2025:CGHC:57526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8469 of 2025 1 - Rahul Shrivas S/o Mukesh Sen Aged About 23 Years R/o Sanjay Nagar, Lakholi, Kotwali District- Rajnandgaon, Chhattisgarh 2 - Akash Sahu S/o Loknath Sahu Aged About 19 Years R/o Lakholi, Rajnandgaon, Chhattisgarh Currently R/o In Basantpur, Rajnandgaon, Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District- Rajnandgaon (C.G.) --- Non-applicant Along with MCRC No. 8814 of 2025 Sawant Yadav S/o Subhash Yadav Aged About 19 Years R/o Lakholi, Near Shitla Mandir, Ward No. 34, Tehsil And Distt. Rajnandgaon Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through District Magistrate, Rajnandgaon, Through P.S. - City Kotwali, District – Rajnandgaon, Chhattisgarh ---- Non-applicant For Applicants : Mr. Aditya Bhardwaj, and Ms. Vaishali Jeswani, Advocates. For Non-applicants/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 regular bail, as they have been arrested in connection with Crime No. 434/2025, registered at Police Station – City Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 191(1) and 191(3) of the BNS. 2. The case of the prosecution, is that the complainant Sitaram Sonkar lodged a report to the effect that on 18.08.2025, the accused Bhavesh Sahu, Rahul Shrivas, Rahul Vaishnav, Sawant Yadav, Akash Sahu, Chintu Rajak acting in collusion assaulted Krishna Sonkar and Vinay Sonkar with a knife. On the above allegation, Crime was registered. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants is innocent and has been falsely implicated in this case and the charge-sheet has been filed in this case. It is submitted that it is the co-accused Chintu Rajak who is said to have assaulted the injured with knife, and a knife has also been recovered from Chintu Rajak, and so far as the applicants are concerned, the applicant namely Rahul Shrivas is said to have assaulted the injured with hard and blunt object, but one of the injured has received simple injuries, and the other injured has received grievous injury which pertains to a knife recovered from the co-accused Chintu Rajak. The applicants are in jail since 18.08.2025 and 19.09.2025 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 the applicants along with the co- accused persons are said to have assaulted the injured with knife, 3 hard and blunt object as well as hand and fists, due to which the injured persons have sustained injuries and one of them has sustaiend grievous injuries by knife. Hence, the applicants are not entitled for grant of regular bail by this Court. 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 applicants and the fact that the co-accused Chintu Rajak who is said to have assaulted the injured with knife, and a knife has also been recovered from Chintu Rajak, and so far as the applicants are concerned, the applicant namely Rahul Shrivas is said to have assaulted the injured with hard and blunt object, but one of the injured has received simple injuries, and the other injured has received grievous injury which pertains to a knife recovered from the co-accused Chintu Rajak, charge-sheet has been filed against the applicants, the applicants are in jail since 18.08.2025 and 19.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Rahul Shrivas, Akash Sahu and Sawant Yadav, involved in Crime No. 434/2025, registered at Police Station – City Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 191(1) and 191(3) 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:- 4 (i) The applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants 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 applicants 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