1 2025:CGHC:52323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6650 of 2025 Love Kumar @ Lallu S/o Ramanand Mahoto Aged About 25 Years R/o H.S.C.L. Colony Khursipar Road No. 04, Police Station Khursipar, District : Durg, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Station House Officer Police Station Bhilai, District : Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate For Non-applicant : Ms. Soumya Sharma, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 27.10.2025 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. 77/2025 registered at Police Station – Bhilai Bhatti, District – Durg (C.G.), for the offence punishable under Sections 109 (1), 3 (5) and 324 (2) of the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. As per the prosecution story, the complainant lodged report in the concerned police station alleging that that on 12/06/2025 at about 09:50 p.m. near Khursipar Railway Crossing, the applicant along with another co-accused person (juvenile) armed with knife and wooden SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 stick, started abusing the complainant/victim due to old family dispute and thereafter, have assaulted the complainant/victim by means of knife and stick. Due to which, the complainant/victim received grievous injuries over her person. Based on the complaint of the complainant, offences were registered against the applicant and the other co- accused person (juvenile) and applicant was arrested on 13.06.2025. Upon his arrested, police recovered and seized the knife used by the applicant for commission of the aforesaid offence. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case as he has no involvement in the alleged incident. He submits that as per the MLC Report of the victim, no nature injury has been mentioned by the treating doctor to be sustained by the victim due to the said assault. There is no other criminal antecedent registered against the applicant. He is in jail since, 13.06.2025. After completion of investigation, charge-sheet has been filed before the competent Court. Trial is likely to take sometime for its conclusion, therefore, the applicant may be enlarged on bail. 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 and that the applicant has no criminal antecedents. He further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 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 3 counsel for the parties, nature of dispute and material available in case diary and the fact that nature of injuries sustained by the victim is mentioned in the MLC Report, period of pre-trial detention, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Love Kumar @ Lallu, involved in Crime No. 77/2025 registered at Police Station – Bhilai Bhatti, District – Durg (C.G.), for the offence punishable under Sections 109 (1), 3 (5) and 324 (2) of the Bhartiya 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. 4 (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. 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