1 2025:CGHC:55565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9148 of 2025 Vikas Yadav S/o Sharad Kumar Yadav Aged About 20 Years R/o Tikarapara Opposite Gujrati Samaj Bhawan P.S. City Kotwali, District- Bilaspur (C.G.) (Details Of Applicant As Per Challan) ... Applicant versus State Of Chhattisgarh Through- The Police Station Torwa, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Vikas Patel, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, 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.93/2025 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.17 11:09:10 +0530 2 109 of B.N.S. and 25, 27 Arms Act. 2. Case of the prosecution, in brief, is that the injured/victim lodged an F.I.R. alleging that on 01.03.2025, while he along with his two friends, Gitesh Kant and Hemant Kumar, had gone to Bangali Para to drink soda, and while they were returning home, at about 10:30 p.m. and reached near Gumber Petrol Pump, three unknown persons riding a white scooty started abusing them, questioning as to why they were not driving their scooty properly. Thereafter, the said persons began assaulting them with a sharp-edged weapon and a hockey stick. In the meantime, other persons (present applicant) also arrived at the spot and assisted the accused persons in assaulting the injured/victim. The Police have started the investigation and arrested the main accused namely Rohan Shriwas @Nanu and on the basis of his memorandum statement arrested the present applicant and filed the charge sheet in the competent court of law. 3. Learned counsel for the applicant submits that the applicant is said to have caused injuries to the injured with belt, co-accused Rohan Shriwas is said to have assaulted the complainant and his friend with knife and two co-accused persons namely Rahul Yadav and Shubham Yadav have already been allowed bail by this Court in MCRC No.8679/2025 on 31/10/2025. It is stated that the injuries received by the injured was simple in nature. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 13/08/2025 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 3 and he would submit that charge sheet has been filed in this case before the competent court. 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, considering the fact that the applicant is said to have caused injuries to the injured with belt, co-accused Rohan Shriwas is said to have assaulted the complainant and his friend with knife and two co-accused persons namely Rahul Yadav and Shubham Yadav have already been allowed bail by this Court in MCRC No.8679/2025 on 31/10/2025, further the fact that injuries received by the injured was simple in nature, period of detention of the applicant since 13/08/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, 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- Vikas Yadav, involved in Crime No.93/2025 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 109 of B.N.S. and 25, 27 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri