1 2025:CGHC:60634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8587 of 2025 • Ajeet Singh Yadav S/o Raju Singh Yadav Aged About 25 Years R/o Village Lal Ghat, Nearby Shiv Mandir, Balco, Police Station Balco, Tehsil And District Korba, C.G. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Of Police Station Balco, District Korba, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anil Gulati, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 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. 440/2025, registered at Police Station – Balco, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 117(3) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on the basis of written report lodged by one Suraj Singh to the police of Police Station Balco the police registered the alleged crime against the applicant and other co- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 11:01:59 +0530 2 accused person and as per the averment of the written report, on 08- 07-2025 at about 11.00 PM in the night, the present applicant along with other co-accused person i.e. Vipin Ekka used filthy language and also assaulted the injured Nikhil Singh. It is alleged that the present applicant beaten the ear of the injured, on account of which Left Halix part of ear amputated, subsequently the applicant has been arrested, thereafter the FIR was lodged. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that co-accused has already been granted bail and there is three criminal antecedents registered against the present applicant bearing crime No. 472 of 2020 registered at Police Station Balco Nagar for offence under Sections 294, 323, 506/34 of IPC and crime NO.218 of 2020 registered at Police Station Balco Nagar for offence under Sections 294, 323, 506/34 of IPC and both are compromised and in crime No.91 of 2025 registered at Police Station Balco Nagar for offence under Sections 294, 323, 506/34 of IPC, which is pending for it’s conclusion. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 19.08.2025 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 there is three criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that present applicant along with other co-accused person i.e. Vipin Ekka used filthy language and also assaulted the injured Nikhil Singh and beaten him, on account of which Left Halix part of ear amputated, therefore, 3 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 and gravity of allegation levelled against the applicant and the fact that co-accused has already been granted bail, charge-sheet has been filed against the applicant, the applicant is in jail since 19.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Ajeet Singh Yadav, involved in Crime No.440/2025, registered at Police Station – Balco, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 117(3) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali