1 2025:CGHC:55421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7391 of 2025 • Pintu Tandon @ Rehan S/o Bhagwat Tandon Aged About 29 Years R/o Satnami Mohalla, Mudhipar, Hirri, P.S. Chakarbhata, District- Bilaspur (Chhattisgarh) (Due To Inadvertence, @ Rehan Is Not Mentioned In Trial Courts Cause Title) ... Applicant versus • State of Chhattisgarh Through Police Station- Belha, District - Bilaspur, (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vinay Kumar Shrivastava, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer For Objector Mr. C.B. Kesharwani and Ms. Mandavi Bhardwaj, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 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. 357/2025, registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 109(1), 115(2), 296, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 14:55:28 +0530 2 2. The prosecution story, in brief, is that the complainant Yogeshwar Koshik lodge the report at Police Station Bilha on 17.08.2025, against four persons including the present applicant with the averment that on 16.08.2025 at about 11:00 p.m Somu @ Gitesh Markam has informed through telephone that some dispute has been arose between Raja Markam and his companion with Devendra Kaushik near Rajendra Betel shop Mahaveer Petrol Pump, so the complainant went to spot Mahaveer Petrol Pump and seen that the injured was lying unconscious taken him to Apollo Hospital from where injured was referred to DK Hospital, Raipur where he is admitted. That the further averment in the complaint is that he saw the CCTV photos near Petrol Pump and came to know that the accused Raja Markam has caused the injury by club, Kisan Sahu, Hitesh Manikpur and Rehan @ Pintu has caused the injury by hand and fist so on the basis of the said report thana Police registered the offences mentioned above and during treatment injured was died therefore thana police sought to arrest the applicant in the alleged commission of offence. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that on the date of incident near the Mahaveer Petrol Pump there was some dispute took place between the injured/deceased and applicant along with other co-accused persons and it is further stated that firstly the deceased has assaulted the present applicant by Kudari and applicant sustained grievous injuries on his head and ear and he was medically examined at Unity Hospital, for which applicant also lodged an FIR against the deceased Devendra Kaushik, which was registered on 16.08.2025 bearing 3 crime No.0355 of 2025 for offence under Sections 115(2), 296, 351(3), of BNS, a copy of the same is annexed along with the bail application. Thereafter, it is also stated that the applicant has also lost his hearing power and the present FIR against the applicant has been lodged by the brother of the deceased on 17.08.2025 and the deceased had died during his treatment and the FIR has been lodged initially for offence under Sections 109(1), 115(2), 296, 3(5), 351(3) with respect to the incident of 16.08.2025, which was registered as case crime No.0357 of 2025 at Police Station – Bilha (C.G.) and subsequently deceased has died on 19.08.2025, because of the injuries sustained by him and case was converted under Section 103 of BNS, 2023. It is further submitted that participation of the applicant was detected by the complainant, who is brother of the deceased through a CCTV footage. It has been further argued by learned counsel for the applicant as it appears from the FIR itself that the deceased who had consume liquor and started abusing the present accused Pintu Tandon @ Rehan and had first assaulted him by Kudari, thereafter, the other co-accused persons intervened to save the present applicant and it was the deceased who was started the fight. He further submits that the charge-sheet has not been filed in the present case and applicant is in jail since 24.08.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the the Objector opposes the bail application of the applicant and submits that charge-sheet has not been submitted in the present case. They further submits that one Rajendra Kaushik, who was a betel shop owner and had seen the incident and also seen that applicant along with other co-accused persons assaulted the 4 deceased and as per the statement recorded under Section under Section 161 of BNS of the eyewitness namely Rajendra Kaushik, who has seen the incident and stated that Raja Markam who has assaulted the deceased with wooden stick, whereas the other co- accused persons including the applicant who have assaulted him with hand, fist and kick. Learned counsel for the Objector also submits that the incident was not witnessed by the complainant who was the brother of the deceased and Rajedra Kaushik, who was informed the complainant about the said incident then complainant came to spot. He also submits that as per the CCTV footage goes to show that co-accused Raja Markam, who has assaulted the injured/deceased by wooden stick, whereas the other accused persons have assaulted the deceased/injured by hand, fist and kick. He further submits that there was active participation of all the accused persons in the present case, but he could not dispute the fact that there was also lodged an FIR against the deceased by the applicant and applicant was also suffered grievous injuries on his ear by the deceased. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and submissions made by learned counsel for the parties and considering the fact that it appears from the FIR itself that the deceased who had consume liquor and started abusing the present applicant Pintu Tandon @ Rehan and firstly the deceased has assaulted the applicant by Kudari, the other co-accused persons intervened to save the present applicant and it was the deceased who was started the fight and 5 applicant sustained grievous injuries on his head and ear and he was medically examined and the applicant has also lost his hearing power, for which applicant also lodged an FIR against the deceased Devendra Kaushik, which was registered on 16.08.2025 bearing crime No.0355 of 2025 for offence under Sections 115(2), 296, 351(3), of BNS, and applicant was also medically examined at Unity Hospital and as per the CCTV footage, co-accused Raja Markam, who has assaulted the injured/deceased by wooden stick, whereas the other co-accused persons have assaulted the deceased/injured by hand, fist and kick, applicant is in jail since 24.08.2025, therefore, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Let applicant, Pintu Tandon @ Rehan, involved in Crime No. 357/2025, registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 109(1), 115(2), 296, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 him under Section 269 of Bharatiya Nyaya Sanhita. 6 (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 vaishali