1 2025:CGHC:54902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7382 of 2025 Sanjay Nishad S/o Sabhapati Nishad Aged About 31 Years R/o Village Kohrauda, Police Station - Bilha, District - Bilaspur Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh --- Non-applicant MCRC No. 7487 of 2025 1 - Dipesh Nishad S/o Jagdish Nishad Aged About 30 Years R/o Village- Kohrauda, Police Station- Bilha, District- Bilaspur (C.G.) ---Applicant Versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, Balodabazar, District- Balodabazar-Bhatapara (C.G.) --- Non-applicant MCRC No. 7382/2025 For Applicant : Mr. Ajay Chandra, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer MCRC No. 7487/2025 For Applicants : Ms. Ritika Verma, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to 2 the applicants who have been arrested in connection with Crime No. 760/2025 registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 296, 115 (2), 351 (2), 118 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 12.08.2025, the complainant/injured namely, Ajeet Kumar Sahu lodged report in the concerned police station alleging that on 10.07.2025 at about 03:00 P.M., when he was returning from Village Risda to Village Mohtara, at that time, the accused/applicant Sanjay Nishad, Karan Nishad and Kishore (juvenile) who were inebriated starting abusing the complainant and when the complainant opposed them, they started assaulting the complainant with hockey stick, hands and fists. Due to the assault, the complainant suffered grievous injuries over his person and was admitted in hospital for a period of 21 days. Thereafter, on the basis of the report, FIR was registered against the present accused/applicants and they were arrested on 19.08.2025. 3. Learned counsel for the respective applicants would submit that the applicants have been falsely implicated in this case and they are in jail since 19.08.2025. They would further submit that the applicants have not assaulted the victim and no seizure have been made from the present applicants. The injuries sustained by the victim/injured is simple in nature and therefore, no offence is made out against the present applicants. They jointly submit that the FIR has been lodged on 12.08.2025, however, the date of incident is 10.07.2025 which is a huge delay and no explanation has been offered. So far as the criminal antecedents of the applicants are concerned, they submit that there are no criminal antecedents of the applicants. Applicants are in jail since 19.08.2025 and there is no specific material available against the applicants in the case diary. Accordingly, he prays for enlarging the applicants on regular bail. 4. Learned State counsel would oppose the bail application and submit that the 3 charge-sheet has not been filed in the present case and in the investigation is still going on. There is specific material available against the applicant of assaulting the complainant due to old enmity between the parties. She submits that the applicant Sanjay Nishad assaulted the applicant with a hockey stick and the applicant Dipesh Nishad assaulted the applicant with hands and fists. Due to the said assault, the injured suffered severe injuries over his person i.e. subgaleal hematoma in resolving stage seen at pos operative craniotomy defect site at right fronto parieto temporal region and fracture at bilateral parietal bone and right side greater wing of sphenoid bone and due to the said injuries, the complainant took treatment for 21 days and thereafter, the FIR was lodged. As such, the present applicants are not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant and also, the fact that the complainant has leveled specific allegations against the applicants and it was Applicant namely, Sanjay Nishad who assaulted him with hockey stick and considering the medical reports produced before this Court stating the injuries sustained by the complainant to be grievous in nature, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the Applicant Sanjay Nishad on bail. 7. Accordingly, the bail application of the Applicant – Sanjay Nishad in M.Cr.C. No. 7382/2025, involved in Crime No. 760/2025 registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 296, 115 (2), 351 (2), 118 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, is rejected at this stage. 4 8. Further, considering the facts and circumstances of the case and the fact that the Applicant Dipesh Nishad is having no criminal antecedents. Moreover, the charge-sheet has not been submitted before the competent Court in the present case and the applicant is in jail since 19.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the Applicant Dipesh Nishad is entitled to be released on bail in this case. 9. Accordingly, Applicant – Dipesh Nishad in M.Cr.C. No. 7487/2025, involved in Crime No. 760/2025 registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar - Bhatapara (C.G.), for the offences punishable under Sections 296, 115 (2), 351 (2), 118 (2) & 3 (5) 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 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 them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in 5 such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of 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. 10.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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY