1 2025:CGHC:55381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9127 of 2025 Sanjay Baghel S/o Shri Kishan Lal Baghel Aged About 20 Years R/o Badi Koni, P.S. Koni, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through SHO, P.S. Koni, Distt. Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Sahil Sahu, Advocate holding brief of Shri Rakesh Kumar Manikpuri, Advocate who is also present along with him. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.344/2025 registered at Police Station Koni, Dist- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 324(4), 109, 191 (2) & 3(5) of BNS Act and section 25 & 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.14 15:00:32 +0530 2 2. Case of the prosecution, in brief, is that the complainant Harsh Kumar Yadav lodged the complaint stating that he is permanent resident of Manendragarh and presently pursuing the course of B.Com LL.B. in Gurughasidas University, that the victim is residing near his hostel at River view Colony and is running his garage in same area, that on 30.07.2025 at about 08:30 P.M. his friend Suresh Kumar Sahu/victim came to his hostel and informed that when he was coming to his hostel the boys were standing near the hostel, have started dispute with him and after sometime when the complainant was going to drop the victim to his house along with his friend Siddharth, Near the main gate of hostel the co-accused Vikas started using filthy language against him in the meantime other co-accused Kisan and Kalle reached on the spot in their motorcycle started beating the victim, that co-accused Kisan has made assault with wooden stick, that Kallen has made assault with hockey stick, Vikas made assault with belt subsequently caused the injury to the victim with knife in his right ribs and back, that the other co-accused have made assault with the victim with stone. It is further submitted that the complainant and his friend Siddarth have stopped the accused person and took the victim to the hostel at that time Vikas and other co-accused have damaged the car of the victim. On the complaint of the complainant Police Station Koni, Dist- Bilaspur (C.G.) registered the Crime No. 344/2025 for the alleged offences punishable U/s 296, 115(2), 351(3), 324(4), 109 & 3(5) of BNS Act (294, 323, 506, 440, 307 and 34 of 1.P.C.) and arrested the applicant on 31.07.2025, that after investigation the P.S. Koni, Dist-Bilaspur (C.G.) has filed the charge sheet before the Judicial Magistrate First Class Bilaspur, Dist- Bilaspur (C.G.) on 25.10.2025 for the offence punishable U/s 296, 3 115(2), 351(3), 324(4), 109, 191(2) & 3(5) of BNS Act and section 25 & 27 of Arms Act. The P.S. Koni, Dist- Bilaspur (C.G.) has arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant was not present on the spot and the complainant/Harsh Kumar Yadav has made specific allegation against the presence of accused persons but, have not named the present applicant in the complaint and the applicant has been implicated in the present crime only on the basis of memorandum of co-accused wherein it has been alleged that the applicant has made assault with belt which has subsequently seized from the applicant. He would submit that co- accused person namely Anurag Yadav has been granted bail by this Court in MCRC No.8943/2025 on 10/11/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 31/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant has one criminal antecedent under Section 302 IPC of the year 2021. 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 of allegation levelled against the applicant, further the fact that co-accused person namely Anurag Yadav has been granted bail by this 4 Court in MCRC No.8943/2025 on 10/11/2025, period of detention of the applicant since 31/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sanjay Baghel, involved in Crime No.344/2025 registered at Police Station Koni, Dist- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 324(4), 109, 191 (2) & 3(5) of BNS Act and section 25 & 27 of Arms Act, 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 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 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 fixed in such proclamation, then, the trial court 5 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri