1 2025:CGHC:54267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8845 of 2025 • Santosh Singh S/o Shri Shivcharan Aged About 31 Years R/o Village Songara, Police Station Bhatgaon, Tahsil - Pratappur, District- Surajpur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Bhatgaon, District- Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manish Nigam, Advocate For Respondent/State : Mr. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 97/2025, registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant Suresh Manikpuri has lodged a written report on 10/7/2025 stating that on 9/7/2025 at 5:30 PM, when he was roaming in the market during VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.07 17:38:28 +0530 2 that time his brother Santosh Manikpuri was standing in a chicken shop at that time the Applicant inflicted injury on Santosh Manikpuri with "Gandasa", when one Dileshwar Manikpuri tried to intervene to rescue Santosh Manikpuri, the Applicant inflicted injuries to Dileshwar. One Kailash Manikpuri and Dileshwar took Santosh Manikpuri to the Bhatgaon Government Hospital and looking to the injuries sustained he was referred to the higher center at Mission Hospital Ambikapur. Hence, this Bail Application. Thereafter, the FIR was lodged. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and further argued that there is two injured persons and allegation levelled against the present applicant that he assaulted the injured persons by Gandasa. He also submits that as per the MLC report injuries sustained by the injured are simple in nature and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that as per the MLC report injuries sustained by the injured are simple in nature and there is no criminal antecedents registered against the present applicant, there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 10.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Santosh Singh, involved in Crime No.97/2025, registered at Police Station – Bhatgaon, District – Surajpur (C.G.) for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 4 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 vaishali