1 2025:CGHC:53970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8753 of 2025 Umendra Jaiswal S/o Parasram Jaiswal Aged About 35 Years R/o Village Sarva, P.S. Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Police Station- Kasdol, District : Balodabazar- Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Adil Minhaj, Advocate For Non-applicant : Ms. Shubra Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 04/11/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 385/2025 registered at Police Station - Kasdol, District – Balodabazar - Bhatapara (C.G.), for the offence punishable under Section 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that on 05.06.2025, the complainant namely, Rewti Bai filed a report at the Kasdol Police Station, alleging that on the said date, due to a dispute, the applicant accused who is her son-in-law assaulted her daughter namely, Daleshwari Jaiswal with Iron Rod. Due to the assault, the injured received grievous injuries over her person and when the complainant tried to intervene, the applicant also assaulted her due to which, she also 2 sustained injuries. Based on the complainant's report, an offense under Sections 109 of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicant was arrested on 07.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the injuries sustained by the complainant are in simple in nature which is evident from the medical report of the complainant. He submits that in the CT Scan report of the victim/injured, she has not received any internal injury. There is no material against the applicant in the charge- sheet, offence is triable by Judicial Magistrate First Class which may take sometime for its hearing. He further submits that no criminal antecedents is registered against the applicant. Applicant is in jail since 07.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, he do not dispute the submission of counsel for the applicant that the applicant is having no criminal antecedent against him and further, he submits that there specific allegations against the applicant of committing assault over the complainant and her daughter i.e. Daleshwari Jaiswal who have sustained 03 grievous injury i.e. lacerated wound over her head and other body parts. However, she do not dispute the submission of the counsel for the applicant that the CT Scan report does not show any grievous injury over her person and the fact that there is no criminal antecedent against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has no criminal antecedents against him. Moreover, the charge- 3 sheet has already been submitted before the competent Court in the present case and injuries sustained by the injured are simple in nature which is evident from the CT Scan report of the victim/injured, applicant is in jail since 07.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Umendra Jaiswal, involved in Crime No. 385/2025 registered at Police Station - Kasdol, District – Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 109 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his 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 his, 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY