1 2025:CGHC:54952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7977 of 2025 Devendra Verma (wrongly mentioned as Devendr Verma) S/o Shri Ganga Prasad Verma, Aged About 20 Years R/o Village Devri, Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Police Station- Bhatapara (Gramin), District- Balodabazar- Bhatapara Chhattisgarh. ... Respondent For Applicant : Dr. Sudeep Agrawal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:59:02 +0530 2 No.58/2025 registered at Police Station Bhatapara (Gramin) for the offence punishable under Sections 109(1), 296, 351(2), 191(2), 191(3) & Section 190 of B.N.S. 2. Case of the prosecution, in brief, is that it is alleged that while the friend of the applicant was making video through his mobile in connection to broken CC.T.V camera of his uncle house there was tussle with the complainant and for which FIR under Section 109(1), 296,351(2) and 3(5) of BNS-2023 was registered against applicant and other co- accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that no injury has been caused to the complainant and since the friend of the applicant was trying to make video in his mobile therefore in order to take revenge from him he has been falsely implicated. He would submit that main accused Badal Verma has been granted bail by this Court in MCRC No.6554/2025 on 24/09/2025. He would submit that the applicant has five criminal antecedents, out of which in two cases he has been acquitted and three cases are pending. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 15/07/2025 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 do not dispute the fact that main accused Badal Verma has been granted bail by this Court in MCRC No.6554/2025 on 24/09/2025. He would further submit that the applicant has five criminal antecedents, out of which in two cases he has been acquitted and three cases are pending. 3 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, nature of allegation levelled against the applicant, further the fact that main accused Badal Verma has been granted bail by this Court in MCRC No.6554/2025 on 24/09/2025, period of detention of the applicant since 15/07/2025, 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Devendra Verma, involved in Crime No.58/2025 registered at Police Station Bhatapara (Gramin) for the offence punishable under Sections 109(1), 296, 351(2), 191(2), 191(3) & Section 190 of B.N.S., 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 of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya 4 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