1 2025:CGHC:52346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8461 of 2025 Gowardhan Singh Kanwar S/o Brijlal Singh Kanwar Aged About 22 Years R/o Village Reki, Bagaihpara, Police Station Hardibazar, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Hardibazar, District- Korba (C.G.) ---- Non-applicant(s) For Applicant : Mr. Vivek Mishra, Advocate For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 1. This is the 9rst bail application 9led 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. 94/2025 registered at Police Station Hardibazar, District- Korba (C.G.) for the o=ence punishable under Sections 296, 351(2) and 109 of BNS. 2. As per the case of the prosecution, on 02.06.2025 at around 07:00 p.m., the complainant reached the concerned Police Station and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 lodged an oral complaint stating that the present accused/applicant and the injured, Rahul Patel, were sitting together and conversing. During the conversation, a verbal altercation suddenly broke out between them. It is alleged that the accused/applicant started abusing the injured. When the injured objected to such abusive behaviour, the accused/applicant threatened to kill him. It is further alleged that the accused/applicant thereafter went to his house, returned armed with a knife and assaulted the injured with the said weapon. As a result of the attack, the injured sustained injuries on his hand and back. Therefore, the o=ence has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. He further submits that there is no proof against the present applicant regarding the commission of crime. The actual fact is that the applicant along with injured and another friend went for picnic and after back, at evening three of them planned to 9nish up the left over liquor, so met at nearby talab, where the complainant and injured started disputing with the applicant. The entire incident as narrated by the complainant is based on false and concocted facts. He also submits that no such grievous hurt has been received upon the injured, which may cause his death in ordinary course and the injuries received upon the injured were simple in nature and the applicant has no previous criminal record and he is in jail since 16.08.2025 and in the present case, charge-sheet has been 9led and the trial is likely to take some time for its conclusion. Therefore, 3 he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel appearing for the respondent/State has opposed the bail application. It is submitted that the applicant assaulted the injured with a knife, causing injuries on his person. Although, as per the MLC report as well as the query report, the injuries have been opined to be simple in nature, however, the act attributed to the applicant involves the use of a deadly weapon, which reCects the seriousness of the o=ence. It is further submitted that considering the gravity of the allegations and the manner in which the o=ence is stated to have been committed, the applicant does not deserve to be enlarged on bail. 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 and gravity of allegation levelled against the applicant and the fact that the investigation has already been completed and charge-sheet has been 9led before the competent Court further, the MLC report as well as the query report, the injuries have been opined to be simple in nature and the applicant is in jail since 16.08.2025 and in the present case, charge-sheet has been 9led before the competent Court and the applicant has no criminal antecedent thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the present bail application is allowed. 8. Let the Applicant -Gowardhan Singh Kanwar, involved in Crime 4 No. 94/2025 registered at Police Station Hardibazar, District- Korba (C.G.) for the o=ence punishable under Sections 296, 351(2) and 109 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 9le an undertaking to the e=ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without suEcient 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 9xed 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 9xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under 5 Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without suEcient 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. 9. OEce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal