1 2025:CGHC:54953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7974 of 2025 Hemant Chandrakar @ Raja S/o Deenu Chandrakar Aged About 22 Years R/o Station Maroda HSCL Colony Bhilai, Distt. Durg (CG) ... Applicant versus State Of Chhattisgarh Through The District Magistrate Durg, Distt. Durg, Chhattisgarh. ... Respondent For Applicant : Shri Vipin Tiwari, 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 No.84/2025 registered at Police Station Newai District Durq (CG) for the offence punishable under Sections 109, 296, 351(3) of BNS and 25, 27 of Arms Act (Correctly mentioned as per page no. 7 & Charge sheet). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.12 18:36:28 +0530 2 2. Case of the prosecution, in brief, is that complainant Smt. K. Parvati Rao has made a complaint in police station Newai Dist. Durg (CG) on 14.04.2025 that she is labour and she is having one daughter Smriti Gagrai lives with her grandmother, there was love affair with the present applicant and on 13.04.2025 at about 18.30 PM called her and informed that the present applicant came to her and asked why your are not speaking with me and he abused her and hit her by knife in her hips, the police has registered crime no. 84/2025 offences under section 109, 296, 351(3) of BNS and 25,27 of Arms Act and arrested the present applicant on 15.04.2025. 3. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case. He would submit that as per the allegation of the prosecution the present applicant was neither present at the time of incident and nor the knife was seized from exclusive possession of the present applicant. It is stated that till date though the charges have been framed but the evidence has not yet started. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 15/04/2025 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 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, 3 nature of allegation levelled against the applicant, further the fact that though the charges have been framed but the evidence has not yet started, considering the period of detention of the applicant since 15/04/2025, 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- Hemant Chandrakar @ Raja, involved in Crime No.84/2025 registered at Police Station Newai District Durq (CG) for the offence punishable under Sections 109, 296, 351(3) of BNS and 25, 27 of 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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