1 2025:CGHC:52589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8523 of 2025 1. Roshan Bande S/o Jagat Bande Aged About 35 Years R/o Village- Kurud, Bhatapara Ghasidas Chowk, P.S. Mandir Hasaud, District- Raipur Chhattisgarh. 2. Dushyat Saitode S/o Pundas Saitode Aged About 29 Years R/o Village- Kurud, Bhatapara Ghasidas Chowk, P.S. Mandir Hasaud, District- Raipur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through-Station House O1cer, Police Station Mandir Hasaud, Raipur, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This is the 8rst bail application 8led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 360/2025 registered at Police Station Mandir Hasaud, District Raipur (C.G.) o<ence under Sections 191(1), 191(2), 296, 351(2), 115(2), 109, 238 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.29 11:28:19 +0530 2 written complaint before the concerned Police Station stating that on the date of the incident, a dispute arose between the parties regarding the Matka Fod event during the Janmashtami festival, which subsequently led to a mutual altercation and scu?e between them. It is further stated that both parties lodged FIRs against each other. On the basis of the complaint made by the complainant, the police registered an o<ence punishable under Sections 191(1), 191(2), 296, 115(2), 351(2), 109, and 238 of the Bharatiya Nyaya Sanhita, 2023, bearing Crime No. 360/2025 against the present applicants. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He submits that all the parties are residents of the same locality, and there was a dispute between them regarding the Matka Fod event during the Janmashtami festival. However, the applicants have neither assaulted the injured person nor committed any of the o<ences as alleged by the prosecution. He submits that the applicants’ side has also lodged FIR No. 361/2025 against the complainant’s side, and a counter FIR has been registered. However, the applicants have not intentionally committed any o<ence as alleged by the prosecution. He also submits that the injuries sustained by the injured person are simple in nature and not grievous. Merely on the basis of suspicion, the applicants have been falsely implicated as accused in the present case, based on false and baseless allegations. He also submits that the present applicants have no criminal antecedents and they are in jail since 19.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State Counsel opposes the bail application and submit that the charge-sheet has been 8led in the present case 3 before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, wherein a counter FIR has been lodged between the parties and both sides have sustained simple injuries, moreover, the charge-sheet has been 8led before the competent Court and they are in jail since 19.08.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Roshan Bande and Dushyat Saitode, involved in Crime No. 360/2025 registered at Police Station Mandir Hasaud, District Raipur (C.G.) o<ence under Sections 191(1), 191(2), 296, 351(2), 115(2), 109, 238 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall 8le an undertaking to the e<ect that they shall not seek any adjournment on the dates 8xed 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 applicants shall remain present before the trial court on each date 8xed, either personally or through their counsel. In case of their absence, without su1cient cause, the trial court may proceed against them under Section 4 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date 8xed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates 8xed 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 applicants are deliberate or without su1cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. O1ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek