1 2025:CGHC:6126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 936 of 2025 Sonsai Salam S/o Sedir Aged About 25 Years R/o Po Kodo Salebhhat, Ps Koylibeda, District North Bastar Kanker Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Sho Ps Koylibeda, District North Bastar Kanker Chhattisgarh ... Non-Applicant For Applicant : Mr. Vikhyat Arora, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2025 1. The matter has been listed in default which have been pointed out by the Registry. 2. The learned counsel for the applicant is directed to make necessary corrections in the bail application during the course of the day. 3. In view of the above, the defect pointed out by the Registry is over ruled. 4. 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. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 16/2022 registered at Police Station Koylibed District – North Bastar Kanker, (C.G.) for the offence under Sections 450, 294, 506(II) and 307 of IPC. 5. Case of the prosecution, in brief is that on 07.09.2022, at about 08.20 pm, when the complainant Kunwar Singh Salam along with his brothers Hiralal Salam, Manohar Salam, were celebrating Navakhai festival in house, the applicant suddenly enters their house & due to previous enmity with Hiralal Sonsai started abusing him & stabbed Hiralal Sonsal on chest with knife, which results in injuries. On the basis of written complainant on 08.09.2024, the concerned Police registered FIR against the accused under Sections 450, 294, 307, 506(II) of IPC. 6. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the allegation against the applicant is that he has assaulted the complainant by knife on account of which the injured received simple injury on his chest further injured person and the applicant are the relatives of each other and there is a dispute between them for previous enmity. He further submits that except the family members of the injured person, no other witness was present in the place of occurrence, who has seen the accused stabbing knife to the victim and further from perusal of the status of the trial which goes to show that charges have been framed against him on 09.12.2022 and not even single prosecution witness has been examined and further the applicant has no criminal antecedent and he is in jail since 08.09.2022 and the conclusion of the trial is 3 likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 7. On the other hand, learned Panel Lawyer opposes the bail application of the present applicant and submit in the present case, charge-sheet has been filed before the competent Court and the applicant has no previous criminal antecedent. She further submits that the applicant is said to have caused injury to the injured by knife however, the injuries were found to be simple in nature. Accordingly, he is not entitled for grant of bail. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the applicant has assaulted the complainant by knife on account of which, the injured received simple injury on his chest further injured person and the applicant are the relatives of each other and there is a dispute between them for previous enmity and further from perusal of the status of the trial, which goes to show that charges have been framed against him on 09.12.2022 and not even single prosecution witness has been examined and further the applicant has no criminal antecedent and he is in jail since 08.09.2022 and the conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 10. Let the Applicant – Sonsai Salam, involved in Crime No. 16/2022 4 registered at Police Station Koylibed District – North Bastar Kanker, (C.G.) for the offence under Sections 450, 294, 506(II) and 307 of IPC, 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 5 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 her in accordance with law. 11. 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 Kunal