1 2025:CGHC:52460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8378 of 2025 1 - Ajay Pal S/o Lakhan Pal Aged About 23 Years R/o Gadariyiapara, Ramleela Chowk, Khamardih, Shankar Nagar, Raipur, District Raipur (C.G.) 2 - Durgesh Pal S/o Santosh Pal Aged About 20 Years R/o Village Kirna, Post Tandawa, Thana Tilda, District Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station Tilda, District – Raipur (C.G.) ---- Non-applicant For Applicants : Mr. Abhyuday Singh, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 271/2025, registered at Police Station – Tilda, District – Raipur (C.G.) for the o;ence punishable under Sections 109, 115(2), 296, 3(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant along with his fellow workers worked for an electricity contractor Sunil Patel, who had been awarded the tender for laying cable in village Silpatti, Hathbandhkala and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Kirna. As such, they were living in a house near their site. On 22.06.2025 at about 05:00 PM, the Complainant along with other co-worker Diwakar Choudhary was going to village Kirna for purchasing a few things, when 3 persons sitting on Motorcycle No. CG 04 PF 0633 asked them where they were going. On telling them that the Complainants were going to village Kirna, the accused started abusing the Complainants and asked them to go back. The accused further threatened to kill them and started hitting the them with sticks. The complaints ?ed back to their house. Upon reaching the house they told about the incidence to the others and to Sunil Patel, who then gathered everyone, including the Complainant, Diwakar Choudhary and Samuel Mahaldar and went to seek the accused. Upon confrontation, the accused again started to hurl abuse and called others to @ght. In between the @st @ght, one of the persons pulled out a knife and attacked Sunil Patel and Samuel Mahaldar in their buttocks. It is also alleged that the accused tried to hit the complainant with knife on his neck, who saved his life by jumping into the canal. It is alleged that if they would not have run away, the accused would have killed them. Sunil Patel and Samuel Mahaldar were admitted in Mission Hospital, Tilda and then shifted to Raipur for treatment. The complainant and Diwakar Choudhary su;ered injuries on their hand, back and thigh during the scuBe. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been @led in this case. The applicants along with the co-accused, is said to have assaulted the injured with knife and as per the MLC report, the injuries sustained to the injured are simple in nature. The applicants are in jail since 22.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been @led in this case. It is further submitted that the applicants along with the co-accused persons are said to have assaulted the injured persons due to which they have sustained some injuries on their person, therefore, the applicants are not entitled for grant of bail. 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 applicants and the fact that charge-sheet has been @led against the applicants, further the applicants are said to have assaulted the injured persons with knife and as per the MLC report, the injuries sustained to the injured are simple in nature, the applicants are in jail since 22.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Ajay Pal and Durgesh Pal, involved in Crime No. 271/2025, registered at Police Station – Tilda, District – Raipur (C.G.) for the o;ence punishable under Sections 109, 115(2), 296, 3(5) and 351(2) of the 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 applicants 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 applicants shall remain present before the trial court on each date @xed, either personally or through his counsel. In case of his absence, without suEcient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date @xed 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 applicants 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 applicants 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 certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar