1 2025:CGHC:52738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8562 of 2025 Asif Khan S/o Shri Latif Khan Aged About 29 Years R/o Ward No.13, Mangla, P.S. Civil Lines, Distt- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through-Station House O3cer, Police Station, Civil Lines, Distt- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Megha Mishra, Advocate. Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 974/2025, registered at Police Station Civil Lines, District Bilaspur (C.G.) for the o<ence punishable under Sections 119(1), 296, 115(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 24.08.2025, a report was lodged by the complainant Akash Bhattacharya with the averment that on 23.08.2025 at about 8:30 PM, while he was sitting in his shop, the applicant came there and demanded a sum of Rs. 1,000/-. Upon his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.30 12:10:11 +0530 2 refusal, the applicant allegedly abused him using ?lthy language and assaulted him with hands and ?sts. On the basis of the said report, the police personnel registered an FIR against the applicant. The present applicant was arrested on 30.08.2025, and after completion of investigation, the prosecution agency ?led a charge-sheet for the o<ences punishable under Sections 119(1), 296, 115(2), and 351(2) of the Bharatiya Nyaya Sanhita (B.N.S.) against him. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in this case. She submits that as per the FIR, the alleged incident took place on 23.08.2025, whereas the FIR was lodged by the complainant on 24.08.2025, thereby causing a delay of one day in its registration. The said delay has not been properly explained by the complainant. She further submits that the investigation has already been completed and the charge-sheet has been ?led. She also submits that the learned trial Court has rejected the bail application solely on the ground that the applicant has nine previous criminal antecedents, though out of these nine cases, the applicant has been acquitted in six cases. She also submits that the injury received by the injured is simple in nature. She submits that the present applicant has been languishing in the jail since 30.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been ?led before the competent Court. He further submits that, looking to the criminal antecedents of the applicant, he is not entitled to the grant of regular bail in the present case. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the o<ence, and the fact that the injury sustained by the injured person has been found to be simple in nature, and further, though the applicant has nine previous criminal antecedents, it transpires that he has been acquitted in six of those cases, as mentioned in the present bail application. Also taking into account that the charge sheet has already been submitted before the competent Court in the present case, and that the applicant has been in jail since 30.08.2025, the conclusion of the trial is likely to take some time, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Asif Khan, involved in Crime No. 974/2025, registered at Police Station Civil Lines, District Bilaspur (C.G.) for the o<ence punishable under Sections 119(1), 296, 115(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023, 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 su3cient cause, the trial court may proceed against his under Section 269 4 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 his, 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 of the trial court absence of the applicant is deliberate or without su3cient 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. O3ce 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 Abhishek