1 2025:CGHC:55382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9126 of 2025 Vinod Yadav S/o Vishram Yadav Aged About 30 Years R/o Ward No. 49, Kotharpara, Police Station Basantpur, Tehsil And District- Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Basantpur, District- Rajnandgaon C.G. ... Respondent For Applicant : Shri Aditya Bhardwaj, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 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.430/2025 registered at Police Station Basantpur District Rajnandgaon (C.G) for the offence punishable under Sections 296, 115(2), 119(2), 351(2),3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.14 15:00:31 +0530 2 2. Case of the prosecution, in brief, is that on 14/09/2025, at about 3:30 p.m., Ankit (Complainant/Victim) was standing near Mohara Over Bridge with friends Narendra Thakur, Vikas Yadav, and Dinesh Yadav. At that time, 4-5 boys came there, among whom were Deva Yadu and Bhushan Uike, started demanding money from victim in the name of buying liquor. When victims refused to give them money, Deva Yadu, Bhushan Uike, and their companions began abusing victims and threatened to kill them. Then Deva Yadu and Bhushan Uike assaulted Ankit (Complainant/Victim) on the back of his head with an empty beer bottle and County made liquor small bottle, due to which he sustained an injury and started bleeding. They further abused his friend Narendra Thakur with obscene language, and the applicant along with two co- accused assaulted Narendra Thakur with fists and blows. 3. It has been argued by learned counsel for the applicant that the applicant is said to have accompanied the co-accused and co-accused Dev Yadu and Bhushan Uikey assaulted the complainant/victim Ankit on the back of his head with an empty beer bottle and country made liquor small bottle and he sustained injuries. So far as the applicant is concerned, he has not caused any injuries, he was only accompanying them. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 13/10/2025 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 she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, further the fact that applicant is said to have accompanied the co-accused and co-accused Dev Yadu and Bhushan Uikey assaulted the complainant/victim Ankit on the back of his head with an empty beer bottle and small bottle of country made liquor and he sustained injuries and so far as the applicant is concerned, he has not caused any injuries, he was only accompanying them, case of the applicant is distinguishable from the case of the co-accused, period of detention of the applicant since 13/10/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Vinod Yadav, involved in Crime No.430/2025 registered at Police Station Basantpur District Rajnandgaon (C.G) for the offence punishable under Sections 296, 115(2), 119(2), 351(2),3(5) of 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 4 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 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