1 2025:CGHC:54854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8990 of 2025 Ravi Khandare S/o Late Kamal Khandare Aged About 25 Years R/o Ward No. 04, Pili Mitti Chowk, New Krishna Nagar, Police Station Supela, Bhilai, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Saraswati Nagar, Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Chandra Kumar, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.11 .202 5 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. 226/2024, registered at Police Station – Saraswati Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act. 2. As per the prosecution's case, in brief, is that, on 15-09-2024, the complainant Chand Tandi (transgender) returned to home after work at 5.00 PM, at that time, Pawan Tandi and Tara Tandi were standing PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.11 18:38:11 +0530 2 infornt of the house, Sonu Nayak and Ravi came there and started abusing Pawan Tandi regarding a previous dispute, when Pawan Tandi objected, Sonu Nayak while abusing stabbed Pawan Tandi in the back with knife which he was holding, when Tara came to intervene, he also stabbed her near the neck with the knife. On the said complaint, the police registered the crime as mentioned above against the accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is alleged to have assaulted the injured with his hands and fists, whereas the co-accused, namely Ghanshyam @ Sonu Nayak, assaulted the injured with a knife. The bail application of the said co-accused has already been rejected by this Court vide order dated 16.04.2025 passed in MCRC No. 2916/2025. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed in the case. The applicant has been in judicial custody since 15.08.2025, and the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be released on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 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 3 fact that the applicant is alleged to have assaulted the injured with his hands and fists, whereas the co-accused, namely, Ghanshyam @ Sonu Nayak, assaulted the injured with a knife whose bail application has already been rejected by this Court vide order dated 16.04.2025 passed in MCRC No. 2916/2025, further the applicant has no previous criminal antecedents, the charge-sheet has already been filed in the case and he is in jail since 15.08.2025, the trial is likely to take considerable time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Ravi Khandare, involved in Crime No. 226/2024, registered at Police Station – Saraswati Nagar, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, 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 4 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, 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 Preeti