1 2025:CGHC:54166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8828 of 2025 Sonu Nishad S/o Leeladhar, Aged About 20 Years, R/o Deorikhurd, Atal Awas Qua. No. 11, 12 P.S. Torwa, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh by P.S. Torwa, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11 .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. 338/2025, registered at Police Station – Torwa, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( Corresponding Sections 294, 506 Part-1, 323, 452, 324, 425, 34 of Indian Penal Code and Sections 25, 27 of the Arms Act, 1959. 2. As per the prosecution story, the complainant reported that on the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.07 15:27:43 +0530 2 night of 09.08.2025, Nilesh Sonkar, Vikku, Bhuru, and others knocked on the door of his house and asked for his brother Ravi. Thereafter, they used obscene and abusive language and assaulted the complainant as well as other neighbors with their hands, fists, an iron rod, and an iron chapad, as a result of which the complainant and others sustained injuries. The police registered an FIR against Nilesh Sonkar, Vikku, Bhuru, and others for the alleged offences under Sections 296, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The investigation has been completed, and the charge sheet has been filed. 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 main allegation is against the co-accused, namely, Nilesh Sonkar, who allegedly assaulted the injured with a knife, due to which the complainant along with five other persons sustained injuries. He also submits that the co-accused, namely, Prakash Das@ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 passed in MCRC No. 7333/2025. It is also submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed in the present case. The applicant has been in judicial custody since 10.08.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays that the applicant be released on bail on the ground of parity. 4. On the other hand, the learned State Counsel opposes the bail 3 application and submits that the charge-sheet has already been filed in the present 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 fact that the co-accused, namely, Prakash Das@ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 passed in MCRC No. 7333/2025, further the applicant has no previous criminal antecedents, further the charge-sheet has already been filed in this case and he is in jail since 10.08.2025, 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- Sonu Nishad, involved in Crime No. 338/2025, registered at Police Station – Torwa, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Corresponding Sections 294, 506 Part-1, 323, 452, 324, 425, 34 of Indian Penal Code and Sections 25, 27 of the Arms Act, 1959, 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 4 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. (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. 5 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