1 2025:CGHC:4979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 768 of 2025 Ranmat Singh Shyam S/o Jai Singh Aged About 35 Years R/o Chaitma, Thana - Pali, District Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - Pali, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 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. 253/2022 registered at Police Station – Pali, District Korba (C.G.) offence under Sections 294, 506 Part II, 323, 307 of the Indian Penal Code. 2. The prosecution's case, in brief, is that Dhaniram Kusro filed a written report against the applicant, alleging that the applicant assaulted him with an axe on August 30, 2022, resulting in a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.29 11:52:07 +0530 2 grievous head injury. Following a police investigation, the applicant was arrested for the aforementioned offense. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the complainant has lodged false report against the applicant that the wife of complainant herself cause injury to complainant but due to previous enmity he has lodged false report against the applicant. He also submits that out of 19 prosecution witnesses, 10 witnesses have been examined and the applicant is in jail since 19.11.2022, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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. He also submits that the applicant assaulted the injured/complainant with axe, resulting in grievous injuries, therefore, the present applicant is not entitled to 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 and further the fact that out of 19 prosecution witnesses only 10 witnesses have been examined and the applicant is in jail since 19.011.2022, moreover, the charge-sheet has already been submitted before the competent Court, conclusion of the trial may take some time, therefore, this Court is of the considered view that 3 the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ranmat Singh Shyam, involved in Crime No. 253/2022 registered at Police Station – Pali, District Korba (C.G.) offence under Sections 294, 506 Part II, 323, 307 of the Indian Penal Code, 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 sufÏcient 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 sufÏcient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. OfÏce 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 Abhishek