1 2025:CGHC:57802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9655 of 2025 Mohammad Faizan (Wrongly Mention Mohammd) S/o Late Abdul Rahim Aged About 21 Years R/o Ward No. 15, Niyogi Nagar, Rajhara P.S. Rajhara, District : Balod, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Rajhara, District : Balod, Chhattisgarh ... Respondent For Applicant : Shri B.P. Singh, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/11/2025 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.162/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sections 296,351(2),115(2),118(1) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.27 19:16:07 +0530 2 2. Case of the prosecution, in brief, is that on dated 26/05/2025 the present applicant has asked the complainant's mobile to call someone and when the complainant has denied then the applicant has abused and threatened to kill him and saying don't recognized me and on the same day at evening about 06:00 pm when the complainant stood near the shop of Ashish Kirana store with his friend then the applicant came there and stated that the complainant has filed complain before police station and then caused injury over the left hand and chest of the complainant therefore he has committed the said offence. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the case and at the time of incident the complainant has provoked the present applicant and the complainant has started the dispute regarding some previous enmity. He would submit that the present applicant has only asked the mobile of the complainant but despite giving the mobile the complainant has started abusing to the present applicant and also committed marpit with the present applicant and the present applicant has requested many times to the complainant to not to abused him but the complainant was not ready to settle the dispute. He would submit that the applicant has three criminal antecedents, out of which in two cases he has been acquitted and one case is pending. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/08/2025 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 3 and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has three previous criminal antecedents which has been explained in para 4(a) of the bail application. He would submit that the injured has suffered simple injuries. 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 injured has suffered simple injuries, period of detention of the applicant since 14/08/2025, charge sheet has been filed, applicant has three criminal antecedents, out of which in two cases he has been acquitted and one case is pending 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- Mohammad Faizan, involved in Crime No.162/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sections 296,351(2),115(2),118(1) of 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 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 4 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 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