1 2025:CGHC:54230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8071 of 2025 Dhananjay Patnayak @ Lucky S/o Mr. Subhash Patnayak Aged About 21 Years R/o W.R.S. Colony, Near Shishu Niketan, P.S. Khamtarai, Raipur, Tahsil Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station Khamtarai, District : Raipur, Chhattisgarh ...Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.11.2025 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. 771/2025 registered at Police Station Khamtarai, District - Raipur (C.G.), for the offences punishable under Sections 296, 118(1), 351(3), 126(2), 3(5) BNS and Section 25 and 27 of the Arms Act. 2. As per the prosecution story, the incident took place on 13.06.2025, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 11:49:22 +0530 2 when the complainant was allegedly stopped by the applicant along with another co-accused. It is alleged that both the accused persons abused the complainant in filthy language, threatened him with dire consequences, and further assaulted him with a pointed object, causing him fear and injuries. Based on the said complaint, an FIR was lodged against the applicant and the co-accused person, and offences under the relevant sections of law were registered. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that applicant has not committed any offence whatsoever. The complainant, being a builder and an influential person, has lodged this false case against the applicant out of vengeance arising from a prior verbal altercation between them. The injuries alleged to have been sustained by the complainant are simple in nature, as also confirmed by the medical report, which clearly indicates that the injuries are not grievous. The applicant has no previous criminal record and maintains clean antecedents, having never been involved in any criminal case earlier. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish adequate surety and undertakes to abide by all such conditions and directions as may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet 3 has already been filed before the competent Court and that the applicant has 3 criminal antecedents. She further submits that the present applicant assaulted the injured, resulting in grievous injuries, therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature, and the charge sheet has been submitted before the competent Court and the applicant has been in jail since 13.07.2025, and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Dhananjay Patnayak @ Lucky, involved in Crime No. 771/2025 registered at Police Station Khamtarai, District - Raipur (C.G.), for the offences punishable under Sections 296,118(1), 351(3), 126(2), 3(5) BNS and Section 25 and 27 of the Arms Act, 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 4 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, 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