1 2025:CGHC:55597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9190 of 2025 Lokesh Sahu S/o Pardesi Sahu Aged About 30 Years (Wrongly Mentioned As Lokesh In Cause Title Of Impugned Order), R/o Lakholi, Rajnandgaon, Tehsil And District - Rajnandgaon Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Basantpur, District Rajnandgaon Chhattisgarh ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate For Non-applicant : Mr. Malay Jain, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14/11/2025 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. 395/2025 registered at Police Station – Basantpur, District – Rajnandgaon (C.G.), for the offence punishable under Sections 115 (2), 119, 126, 190, 191, 296, 351 (2) & 118 (1) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. The prosecution's case is that, the applicant along with other co accused persons stopped the complainant Shatruhan Lal Kurmi while he was going back to his house on 01.09.2025 at around 04:00 PM and demanded money from him, when the complainant refused, the applicant along with co-accused 2 persons threatened him with a knife and assaulted him with hand and fists, due to which he received injuries near right ear and chest. Based on the complaint, aforementioned offences were registered and the applicant was arrested on 09.09.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. She further submits that, against the bail rejection order, the identically situated co-accused, namely, Dharmendra Sahu and Purshottam Sen and Dharmendra Chandrakar preferred regular bail applications before the learned Trial Court and they have been granted the benefit of regular bail vide order dated 24.10.2025 and 17.10.2025. She further submits that nature of injuries suffered by the complainant is simple in nature which is evident from the medical report of the vicitm and further, no seizure has been made from the present applicant. She submits that the bail application of the applicant was rejected by the Trial Court only on the basis of criminal antecedents against him. Hence, he prays for grant of bail to the 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 not been submitted before the competent Court and the investigation is still going on. However, she submits that there specific allegations against the applicant of commission of offence of assault upon the complainant by means of knife, hands and fists and in the bail application also, it is stated by the applicant that he is having 08 criminal antecedents against him and thus, he is a habitual offender. Therefore, he may not be granted bail. 5. At this stage, learned counsel for the applicant submits that so far as the 08 criminal antecedents are concerned, in 03 cases the parties have entered into settlement, in 02 cases the applicant has been acquitted and three cases are pending against him. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Dharmendra Sahu and Purshottam Sen and Dharmendra Chandrakar have been granted the benefit of regular bail vide order dated 24.10.2025 and 17.10.2025 by the learned Trial Court, nature of injuries suffered by the applicant is simple in nature, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 8. 8. Let the Applicant – Lokesh Sahu, involved in Crime No. 395/2025 registered at Police Station – Basantpur, District – Rajnandgaon (C.G.), for the offence punishable under Sections 115 (2), 119, 126, 190, 191, 296, 351 (2) & 118 (1) 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 4 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. 9. 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