1 2025:CGHC:52199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8360 of 2025 Pushpendra Dewangan S/o Mukesh Dewangan Aged About 20 Years R/o Near Pandritarai Gagan Shop P.S. Devendra Nagar, Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House O(cer, Police Station Devendra Nagar, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Muskaan Fatwani, Advocate. For Non-applicant/State : Mr. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 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. 27/2025, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the o9ence punishable under Sections 296, 115(2), 351(2), 117(2) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 20.01.2025, the complainant Rohan Verma reported that his brother Rahul Verma was sitting in an auto parked at Durga Nagar, in front of Girnar Transport, when the applicant approached and asked for a matchbox, subsequently, when RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Rahul Verma infromed him that only one matchstick remained and he would ?rst light his beedi and later give it to him, the applicant became enraged, abused Rahul Verma and his family in obscene language, and assaulted him with a wooden plant ?tted with nails, causing serious injuries. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been ?led in this case, and there is one criminal antecedents of the applicant. It is further submitted that the applicant is said to have assaulted the injured with hard and blunt object and as per the MLC report the injuries sustained to the injured are simple in nature, and so far as the Discharge Summary memo is concerned, though it is mentioned that Ulna bone is fracture, but no any X-ray report to present. The applicant is in jail since 17.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 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 applicant is said to have assaulted the injured with a hard and blunt object, due to which he has sustained some injuries and as per the Discharge Summary memo, the Ulna Bone is fractured. It is also submitted that there is one criminal antecedents of the applicant, therefore, he is 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 applicant and the fact that 3 charge-sheet has been ?led against the applicant and there is one criminal antecedents of the applicant, further the applicant is said to have assaulted the injured with hard and blunt object and as per the MLC report the injuries sustained to the injured are simple in nature, and so far as the Discharge Summary memo is concerned, though it is mentioned that Ulna bone is fracture, but no any X-ray report is present, the applicant is in jail since 17.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pushpendra Dewangan, involved in Crime No. 27/2025, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the o9ence punishable under Sections 296, 115(2), 351(2), 117(2) and 118(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 applicant shall ?le an undertaking to the e9ect 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 applicant shall remain present before the trial court on each date ?xed, either personally or through his counsel. In case of his absence, without su(cient 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 ?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 applicant 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 4 of the trial court absence of the applicant is deliberate or without su(cient 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. O(ce 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