1 2025:CGHC:52549 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6663 of 2025 Dinesh Rathore S/o Shri Radheshyam Rathore Aged About 42 Years R/o Village And Post Dharashiv (Khokhara), Police Station Pamgarh, Tehsil Janjgir, District Janjgir Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station- Pamgarh, District Janjgir Champa (C.G.) ... Respondent For Applicant : Shri Ramesh Nayak, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For objector : Shri Sumit Singh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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.284/2025 registered at Police Station Pamgarh, District Janjgir Champa (C.G.) for the offence punishable under Sections 109(1), 296, 3(5), of the Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 10:51:15 +0530 2 2. Case of the prosecution, in brief, is that the informant lives in Village Dharashiv, he is engaged in constructions works. On 21.06.2025 around 08:10 P.M., Jitesh Rathore and Abhishek Goswami were indulged in a fight the complainant was standing near his house as the father and the brother of the applicant who are also co-accused in the criminal case passed by the house of the complainant he requested the brother and the father of the applicant to come together so that the dispute can be resolved in talking terms. Around 10:00 P.M. father of the applicant passed the house of the complainant and he said that he is going to the house of Abhishek Goswami after few moments the noise came from the house of Abhishek Goswami, which was Abhishek Goswami screaming that someone has hit me badly. The complainant and other persons rushed to the house of Abhishek Goswami and they saw that applicant was holding a sword, after which Abhishek Goswami informed that applicant and his family members have physically assaulted him and beaten him. It is alleged by the complainant that the applicant has injured the victim and thereafter the complainant saved him and took him for medical treatment. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that the applicant himself is a victim of physical assault committed by the complainant and his associates, regarding which a counter FIR No.286/2025 dated 22/06/2025 has been registered. Due to the said assault, the applicant sustained injuries and was hospitalized for medical treatment. He would submit that the co-accused persons, including the applicant’s father and brother, as well as the complainant party in the counter case, have already been granted regular bail by 3 the Learned Sessions Court. He would further submit that there are cross report of the incident lodged from either side against each other and it is further pointed out by learned counsel for the applicant that prior to two cases which was registered half an hour prior to the present incident a case was also lodged from the side of the applicant against the complainant party which was registered as case crime no.285/2025. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 29/07/2025 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 opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the objector vehemently opposes the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the fact that there are cross reports of the incident, counter FIR No.286/2025 has been registered and prior to two cases which was registered half an hour prior to the present incident a case was also lodged from the side of the applicant against the complainant party which was registered as case crime no.285/2025, further considering the period of detention of the applicant since 29/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its 4 conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Dinesh Rathore, involved in Crime No.284/2025 registered at Police Station Pamgarh, District Janjgir Champa (C.G.) for the offence punishable under Sections 109(1), 296, 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 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 5 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial simultaneously arising out of Crime No.284/2025, Crime No.285/2025 & Crime No.286/2025 expeditiously, preferably within a period of one year from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. 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