1 2025:CGHC:55423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8199 of 2025 • Bhupendra @ Golu S/o Sitaram Sahu Aged About 25 Years (Golu Sahu @ Bhupendra Kumar Sahu In The Annexure A-1) R/o Pawni, P.S. Bilaigarh, District- Sarangarh - Bilaigarh Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Bilaigarh, District- Sarangarh - Bilaigarh Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 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. 117/2025, registered at Police Station – Bilaigarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of BNS, 2023. 2. The case of the prosecution, is that the complainant has made complaint to the concerned police station alleging inter-alia that on the date of incident i.e., 19.04.2025 the accused persons have VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:36:05 +0530 2 committed marpeet with the injured persons by hand and fist by using filthy language and also threatened to commit murder, and as a result of the same, the injured person has received simple injuries. Based upon said complaint FIR has been registered against the applicant along with other co-accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He also submits that there is total three accused persons including present applicant and the allegation levelled against the present applicant is that he assaulted the injured along with other co- accused persons by hand and fist, as a result injury sustained by the injured are simple in nature. He further submits that two other co- accused persons have already been granted bail by learned Court below vide order dated 14.08.2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 01.09.2025 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 one criminal antecedents registered against the present applicant, bearing crime No. 82 of 2025 for commission of offence under Section 36 (p) (2) of C.G. Excise Act, in which applicant has released on bail and proceeding is pending. It is further submits that in the present case charge-sheet has been filed against the present applicant as a absconder therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that two other co-accused persons have already been granted bail by learned Court below vide order dated 14.08.2025 and injury sustained by the injured are simple in nature, applicant is in jail since 01.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bhupendra @ Golu, involved in Crime No.117/2025, registered at Police Station – Bilaigarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of BNS, 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 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