2025:CGHC:60255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10193 of 2025 Harishankar Nishad S/o Jitendra Nishad Aged About 18 Years R/o Katirapara, Paragoan, P.S. Gobra, Nayapara, Distt. - Raipur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Rajim, District Gariyabandh Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. 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. 229/2025, registered at Police Station – Rajim District – Gariyabandh (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 191(2), 191(3), 190, 109 of the BNS & 25 of the Arms Act. 2. The prosecution in brief is that an FIR was lodged on 29.07.2025 by VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 18:14:31 +0530 the complainant, Bhojram Sahu, against unknown persons, reporting that on 28.07.2025 at about 6:30 PM, while he along with his friends was on his way to attend a function in village Khopra and had taken a halt due to rain at village Sursabandha, they were suddenly attacked by 5-6 unknown persons with hands, fists, and a knife, as a result of which one Budheswar sustained serious injuries. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits as the applicant, along with his friends, had gone to attend the Panchkoshi Yatra at village Khopra, and while returning, they stopped at the bus stand of village Sursabandha, where an altercation was already taking place and the actual offenders fled from the spot. On mere suspicion, the villagers apprehended the applicant and his friends and falsely implicated them in the case. No seizure has been made from the applicant, and he has been implicated solely on the basis of statements of villagers, without any specific role or overt act being attributed to him by the complainant or the witnesses. There is no material evidence available to connect the applicant with the alleged crime. The applicant is a young boy of 18 years, and his continued detention would adversely affect his future and mental well-being. It is also relevant that co- accused Thakur Ram Nishad has already been granted bail by this Hon’ble Court on 14.11.2025 in MCRC/9156/2025. The applicant has no prior disputes with the complainant or any victim, which clearly indicates lack of intention or motive. Hence, the prosecution case is based merely on assumptions and unfounded allegations, and the applicant deserves to be released on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused is said to have assaulted the injured with knife, due to which the injured namely, Budheshwar has sustained injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused who is said to have assaulted the injured, has been granted bail by this Court vide order dated 08.12.2025 passed in MCRC No.10014/2025, charge-sheet has been filed against the applicant, the applicant is in jail since 29.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Harishankar Nishad, involved in Crime No. 229/2025, registered at Police Station – Rajim District – Gariyabandh (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 191(2), 191(3), 190, 109 of the BNS & 25 of the Arms Act, be released on bail on furnishing personal bond with two local 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 his counsel. In case of her absence, without sufficient 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 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 her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav