1 2025:CGHC:52842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7456 of 2025 Bhavesh Kandra S/o Santosh Kuamr Kandra Aged About 21 Years R/o Bajrang Nagar, Kandra Para, Ward No. 35, Durg Tehsil And District- Durg Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station- Durg, District- Durg, Chhattisgarh. ... Respondent For Applicant : Mr. Praveen Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 292/2025 registered at Police Station - Durg District - Durg (C.G.), for the offences punishable under Sections 109,115(2), 296, 351(3), 3(5) of the BNS 2023. 2. The case of the prosecution, in brief, is that the complainant has made VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:30 +0530 2 written report alleging that on 20.06.2025, regarding to an old dispute the applicant along with his two friend namely Rahul and Rusi Kandra, all three together near Saraswati Nagar Atal Awas abused his son Shriyansh Rajput with obscene language and threatened to kill him and attack him with a knife in his back. Upon receiving the information from the complainant the police registered and offence u/s 109, 115(2), 296, 351(3) 3(5) of B.N.S. have been registered by the police, and the police has arrested the applicant on 21.07.2025, in Crime No. 292/2025.Hence, this bail application. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. The applicant and the victim were known to each other, and due to an old dispute, the complainant’s son, Shreyansh Rajput, along with his friends Harsh Ramteke and Hari Deshmukh, attacked the applicant with an intention to kill him, carrying a knife, wooden stick, and leather belt. On the date of the incident, the applicant made a written report at Police Station Durg against the complainant’s son, and when no action was taken, he submitted a written complaint to the Superintendent of Police on 25.06.2025 (Annexure A-3). The applicant is in jail since 21.07.2025, and the trial is likely to take considerable time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge sheet has not been filed. He further submits that the present applicants assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this 3 case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of the injury sustained by the injured is simple and further considering that the present applicant has no criminal antecedents, and also noting that the charge-sheet in the present case has already been filed and the applicant has been in judicial custody since 21.07.2025, this Court is of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Bhavesh Kandra, involved in Crime No. 292/2025 registered at Police Station - Durg District - Durg (C.G.), for the offences punishable under Sections 109,115(2), 296, 351(3), 3(5) of the BNS 2023, be released on bail on his furnishing personal bond with two local 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, 4 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 vaibhav