1 2025:CGHC:56770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9432 of 2025 Kartikeshwar Yadav @ Kartik S/o Murlidhar Yadav Aged About 33 Years R/o Village Devalbhatha, Police Station Saraipali Distt. Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O2cer Police Station Saraipali District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Gurudev I. Sharan, Advocate. Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 249/2025, registered at Police Station Saraipali, District Mahasamund (C.G.) for the o>ence punishable under Sections 296, 115(2), 333, 351(2), 117(2) of the Bhartiya Nyaya Sanhita, 2023 2. The prosecution story, in brief, is that the name of the complainant is Fagulal Seth, who lodged the report at the concerned police station against the applicant. It is alleged against the applicant that on 04.09.2025, at about 8:00 PM, the complainant was sitting in the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 17:06:49 +0530 2 courtyard of his home to have dinner, and his wife had gone to bring food. At that moment, the applicant came there and, by pushing the courtyard door with his leg, entered the house. He then caught hold of the complainant, started abusing him, and assaulted him with hands and @sts. It is further alleged that he picked up a cricket bat lying in the courtyard and dragged the complainant outside the house, due to which the complainant sustained injuries on his left elbow and near the ankle of his left leg. It is also alleged that the applicant, while threatening the complainant that he would kill him, assaulted him with the cricket bat on his head and left shoulder. Furthermore, when the complainant’s wife tried to rescue her husband, the applicant allegedly assaulted her as well with the cricket bat on her head. After the registration of the FIR at Police Station Saraipali, District Mahasamund (C.G.), the investigation has been completed and the charge sheet has been @led. The applicant has been in jail since 30.09.2025. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in this case. He submits that the applicant runs a grocery shop in his village Devalbhatha, whereas the complainant sells liquor from his house, which is situated in front of the applicant’s shop. The complainant used to throw liquor pouches in front of the applicant’s shop, and whenever the applicant objected, the complainant would threaten him. The complainant is a habitual o>ender who sells liquor from his home. He also submits that the injury received by the injured is simple in nature. He also submits that the present applicant has no criminal antecedents and he is in jail since 30.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been @led before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the o>ence, and the fact that the injury sustained by the injured person has been found to be simple in nature, moreover, the fact that the present applicant has no criminal antecedent and the charge sheet has already been submitted before the competent Court in the present case, and that the applicant has been in jail since 30.09.2025, and the conclusion of the trial is likely to take some time, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Let the applicant – Kartikeshwar Yadav @ Kartik, involved in Crime No. 249/2025, registered at Police Station Saraipali, District Mahasamund (C.G.) for the o>ence punishable under Sections 296, 115(2), 333, 351(2), 117(2) of the Bhartiya Nyaya Sanhita, 2023, 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 e>ect 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 4 court on each date @xed, either personally or through his counsel. In case of his absence, without su2cient 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 @xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 of the trial court absence of the applicant is deliberate or without su2cient 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. O2ce 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 Abhishek