1 2025:CGHC:60251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10200 of 2025 Jawala Kiran S/o Raghuraj Singh, Caste Suryavanshi Aged About 28 Years R/o Village Mahant, Police Station Nawagarh, District Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Nawagarh, District Janjgir-Champa (C.G.) ... Respondent For Applicant : Shri Goutam Khetrapal, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/12/2025 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.504/2025 registered at Police Station Nawagarh, District Janjgir- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.12 17:55:47 +0530 2 Champa (C.G.) for the offence punishable under Sections 121(1), 132, 221, 296, 324(4) Bharatiya Nyay Sanhita-2023. 2. Case of the prosecution, in brief, is that complainant Prateek Rathore is posted at Sub Health Centre Mahant on the post of R.H.O. On 18-11- 2025, the complainant was on duty at Ayushman Arogya Mandir Mahant and at about 2.30 PM, the applicant entered in the Hospital and abuses the complainant in the filthy languages and also assaulted the complainant from the wooden rod and when the other nurse and staff intervened the applicant, then the applicant destroyed the mobile of the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case and the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He would submit that due to personal enmity with complainant, the present applicant has been falsely implicated in this crime. He would submit that the wooden stick has been seized from the Police Station and there is no seizure of the destroyed mobile as per allegation of the complainant and there is no any external or internal injury sustained to the complainant as per medical report. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 19/11/2025 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. 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, period of detention of the applicant since 19/11/2025, 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- Jawala Kiran, involved in Crime No.504/2025 registered at Police Station Nawagarh, District Janjgir-Champa (C.G.) for the offence punishable under Sections 121(1), 132, 221, 296, 324(4) Bharatiya Nyay 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 4 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