1 / 4 2025:CGHC:52581 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8537 of 2025 Karamchand @ Pend S/o Bhagwan Das, Aged About 21 Years R/o Village Dhandhapur, Dumarpara, Police Station Rajpur, District Balrampur- Ramanujganj(C.G.) ---Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Rajpur, District Balrampur- Ramanujganj (C.G.) ---Non-applicant For Applicants : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.10.2025 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. 40/2025, registered at Police Station Rajpur District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109, 3(5) of the BNS 2023. 2. The prosecution story in brief, is that complainant, Ram Singh, a resident of Asanapara Gopalpur, filed a report at Naya Rajpur Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:07 +0530 2 / 4 Station alleging that on 24.02.2025, at around 7:00P.M., his nephews, Sonu and Mannu, were performing a dance show in Dhandhapur. During the event, some villagers, namely, Lal Bahadur, Panda, Samla, and Krishna, allegedly abused and threatened them, saying, why are you, outsiders, making our village girls dance. The accused also allegedly used obscene language and threatened to kill them, beating Sonu and Mannu with sticks. Based on this report, the police registered a case under Sections 296, 351(2), 115, (2) and (3)(5) of the Bharatiya Nyaya Sanhita. During the investigation, the offence U/s 109 of BNS was added. The accused were arrested based on evidence, and after completing the investigation, a charge sheet was filed under the aforementioned sections. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case. He further submits that the injured witness, namely Sonu Sandilya, has been examined before the trial Court and has not supported the case of the prosecution rather, he has been declared hostile. The copy of his deposition is annexed herewith as Annexure A/3. It is further submitted that the FIR of the incident was lodged by the uncle of the injured; however, during his deposition before the trial Court, the injured clearly stated that the applicant has not committed any offence against him. The applicant has never assaulted or abused the injured persons, and the ingredients of Section 109 of the IPC are not made out in the present case. The applicant has no previous criminal antecedents and is in jail since 25.04.2025. The trial is likely to take considerable time, therefore, he prays for grant of regular bail to the applicant. 3 / 4 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the overall facts and circumstances of the case, and upon perusal of the material available on record, it is observed that the injured witness, Sonu Sandilya, has been examined before the trial Court and has not supported the case of the prosecution, It further appears from the record that the FIR was lodged by the uncle of the injured, but during his deposition, the injured has categorically stated that the applicant has not committed any offence against him. The charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 24.04.2025, conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Karamchand @ Pend, involved in Crime No. 40/2025, registered at Police Station Rajpur District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109, 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local 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 4 / 4 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav