1 2025:CGHC:53913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8747 of 2025 Devraj Yadav S/o Shri Haribandhu Yadav Aged About 24 Years R/o Shyam Nagar, Near Gurudwara, Tikrapara, P.S. Telibandha, Dist. Raipur C.G. (Details Mentioned As Per Order Sheet) ... Applicant Versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Kotwali, Distt. Raipur C.G. ... Non-applicant For Applicant : Mr. Ashutosh Biswas, Advocate For Non-applicant : Mr. Amit Verma, 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. 118/2025 registered at Police Station – Kotwali (as per F.I.R.), District – Raipur (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 109 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Amit Soni lodged FIR at Police Station Kotwali, District - Raipur stating that, on 11.06.2025 at around 12:30 A.M., the complainant along with his friends went to buy cold-drink to the shop of one Nazim. The applicant along with the co- 2 accused persons was already present there and when the complainant and his friends reached there, the co-accused Chandan Soni due to old enmity, started hurling abuses upon the complainant’s friend namely, Rishikesh and thereafter, with an inteniton to kill Rishikesh, started assaulting him with knife. Due to the assault, Rishikesh sustained grievous injuries and when the applicant intervened to save him, the co-accused Chandan Soni also assaulted them with knife and thereafter, fled from the spot. Based on the report, aforementioned crime was registered and the applicant was arrested on 10.07.2025. 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 injured was admitted in hospital for a short time and the injuries sustained by the injured person i.e. Rishikesh are in simple in nature which is evident from the medical report of the injured. He submits that no seizure has been made from the present applicant and was only accompanied with the accused Chandan Soni on the place of incident. Applicant has been been impleaded in the crime only on the basis of suspicion and his presence on the place of incident and there is no material against the applicant in the charge-sheet. He further submits that no criminal antecedents is registered against the applicant. Applicant is in jail since 10.07.2025, 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 submits that there specific allegations against the applicant of commission of assault upon the complainant and the injuries suffered by the complainant to be grievous in nature. In support of his contention, he has produced the medical report of the injured before this Court. However, he do not dispute 3 the submission of counsel for the applicant that there are no criminal antecedents against him. Therefore, applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having no criminal antecedent against him, case of the applicant is distinguishable on facts as to the co-accused Chandan Soni, further, charge-sheet has been filed before the competent Court, period of pre-trial detention, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. 7. Let the Applicant – Devraj Yadav, involved in Crime No. 118/2025 registered at Police Station – Kotwali (as per F.I.R.), District – Raipur (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 109 (2) & 3 (5) 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 4 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 them, 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 them 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