1 2025:CGHC:54278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8821 of 2025 Vipin Ekka S/o Juliyas Ekka (As Per Aadhar Card) Aged About 23 Years R/o Lalghat Munda Mohalla, Balconagar, Police Station - Balco, Korba, Tehsil And District - Korba, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Balconagar, Korba, District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.11.2025 1. This is the 9rst bail application 9led 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. 440/2025 registered at Police Station – Balconagar Korba, District Korba (C.G.) o<ence under Sections 296, 115(2), 351(3), 3(5) and 117(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 08.07.2025, at about 11:00 PM, at the Bhadrapara Checkpost, accused Ajit Singh Yadav and Vipin Ekka abused Nikhil Singh, threatened to kill him, and assaulted him with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 14:48:07 +0530 2 hands, 9sts, and bangles worn on the hand, thereby causing injuries. It is further revealed that Ajit Singh bit o< the ear of Nikhil Singh with his teeth, due to which Nikhil Singh was admitted to the hospital for treatment. It has also come on record that Ajit Singh and Vipin Ekka subsequently went to the District Hospital, where the injured Nikhil Singh was admitted, and again abused him. By biting the ear of the injured Nikhil Singh, the accused Ajit Singh caused permanent disability, which reBects the gravity of the o<ence. The minimum punishment prescribed for the o<ence under Section 117(3) of the Bharatiya Nyaya Sanhita (BNS) is ten years of imprisonment, which may extend to imprisonment for life. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the allegation against the applicant is that he assaulted the injured with his hands and 9sts, causing simple injuries, whereas the main allegation is against the co-accused, namely Ajit Singh Yadav, who allegedly bit o< the ear of Nikhil Singh with his teeth, due to which Nikhil Singh was admitted to the hospital for treatment. He further submits that the present applicant has no criminal antecedents and has been in jail since 05.08.2025. As the conclusion of the trial may take some time, 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 submitted before the competent Court in the present case. 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 and 3 the allegation against the applicant is that he assaulted the injured, with hands and 9sts, resulting in simple injuries. Moreover, the main allegation is against the co-accused, namely, Ajit Singh Yadav, who allegedly bit o< the ear of Nikhil Singh with his teeth, due to which Nikhil Singh was admitted to the hospital for treatment, the case of the applicant is distinguished from the case of the co-accused, namely, Ajit Singh Yadav. Furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 05.08.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vipin Ekka, involved in Crime No. 440/2025 registered at Police Station – Balconagar Korba, District Korba (C.G.) o<ence under Sections 296, 115(2), 351(3), 3(5) and 117(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 9le an undertaking to the e<ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without suEcient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during 4 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 9xed 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 9xed 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 suEcient 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. OEce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek