1 2025:CGHC:55598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9189 of 2025 Pukar Yadav S/o Purshottam Yadav, Aged About 19 Years R/o Milapara Ward 38 Behind Rajendra Sahu,s House Durg P.S. Kotwali District Durg (C.G.) ... Applicant Versus State Of Chhattisgarh Through Sho, Police Station- Kotwali, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Mr. Malay Jain, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14/11/2025 1. This is the first bail application filed 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. 306/2025 registered at Police Station – Kotwali, District – Durg (C.G.), for the offence punishable under Sections 109, 115 (2), 296, 351 (3), 118 (1), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. The prosecution's case is that, applicant along with other co-accused assaulted Amit Devdas with help of knife, hand and fists. Due to the above assault, complainant received severe injuries over his various parts of body and thus the concerned police station lodged the above report and arrested the applicant on 02.07.2025. 2 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that nature of injuries suffered by the complainant is simple in nature which is evident from the medical report of the vicitm and further, no seizure has been made from the present applicant. There is no material available against applicant in the charge-sheet and applicant was only trying to settle the dispute between the parties. So far as the criminal antecedents of the applicant is concerned, he submits that there are no antecedents against the applicant. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the 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. However, he submits that there specific allegations against the applicant of commission of offence of assault upon the complainant by means of knife, hands and fists. The nature of injuries sustained by the applicant are grievous in nature, therefore, the applicant may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, injuries sustained by the applicant to be simple in nature, there are no criminal antecedents against the applicant and further the fact that investigation is complete, charge-sheet has been filed, co-accused juvenile has been granted bail, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Pukar Yadav, involved in Crime No. 306/2025 registered at Police Station – Kotwali, District – Durg (C.G.), for the offence punishable under Sections 109, 115 (2), 296, 351 (3), 118 (1), 3 (5) of the Bhartiya 3 Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959, 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 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 his 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 them, 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 them in accordance with law. 4 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY