1 2025:CGHC:54847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9023 of 2025 Omkar Nishad S/o Raju Nishad Aged About 23 Years R/o Ahiwara Ward No. 6 District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through- SHO, Police Station – Kumhari, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 199/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the o=ence punishable under Sections 109, 296, 351(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant- Ankit Kumar Banjare was standing near lord Ganesh Pandal at the same time Paathan came there and started abusing the complainant and also RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 started quarrel and thereafter a free ?ght happened between them and the complainant sustained injuries and very next day he got registered ?r against the said Pathan and thereafter he narrated name of other accused person and said that the all accused persons have assaulted him with help of knife, hand and feast, bamboo stick and due to the above assault he received injuries over his back side and over his other part of body and thus the concerned police station lodged the above report and arrested the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been ?led in this case. The applicant along with the co- accused is said to have assaulted the injured with hard and blunt object and as per the MLC Report, the injuries sustained to the injured are simple in nature, whereas, in the query report it is mentioned that the injuries are grievous in nature. The applicant is in jail since 09.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been ?led in this case. It is further submitted that the applicant along with the co-accused is said to have assaulted the injured with hard and blunt object and as per the query report it is mentioned that the injuries are grievous in nature, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that charge-sheet has been ?led against the applicant, further the applicant along with the co-accused is said to have assaulted the injured with hard and blunt object and as per the MLC Report, the injuries sustained to the injured are simple in nature, whereas, in the query report it is mentioned that the injuries are grievous in nature, the applicant is in jail since 09.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Omkar Nishad, involved in Crime No. 199/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the o=ence punishable under Sections 109, 296, 351(2), 115(2) and 3(5) of the 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 ?le an undertaking to the e=ect that he shall not seek any adjournment on the dates ?xed 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 ?xed, either personally or through his counsel. In case of his absence, without suCcient 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 ?xed 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 ?xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion 4 of the trial court absence of the applicant is deliberate or without suCcient 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. OCce is directed to send a certi?ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar