1 2025:CGHC:52458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8488 of 2025 1 - Sonu Alias Hemant Sahu S/o Yashwant Sahu Aged About 21 Years Resident Of Ward No.8, Mahamaya Para, P.S. Tilda Newra District- Raipur (C.G.) 2 - Dhanush Nishad S/o Shivdayal Nishad Aged About 20 Years Residence Of Mandi Chowk, Ward No.6, P.S. Tilda Newra District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House O1cer Tilda-Newra, District – Raipur (C.G.) ---- Non-applicant For Applicants : Mr. Abhinav Dubey, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 311/2025, registered at Police Station – Tilda-Newra, District – Raipur (C.G.) for the o:ence punishable under Sections 296, 351(3), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on 24.07.2025 due to Hareli Festival, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the Mukesh Yadav and Dinesh Sahu have parked their motor cycle in front of house and talked about each other and blocked the village road, the other accused have raised objection to remove their motor cycle, though some dispute was arose between the parties and co-accused has assaulted the injured in >lthy languages and dying with a sharp knife. On the basis of the complaint, the FIR was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. The applicants along with the co-accused, are said to have assaulted the injured, but it is the co-accused Devendra Sahu, who has assaulted the injured with knife, and the knife has also been seized from him, and he has already been enlarged on bail by this Court vide order dated 08.10.2025 passed in MCRC No. 6842/2025. The applicants are in jail since 26.07.2025 and 07.09.2025, respectively, 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 not been >led in this case. It is further submitted that the applicants along with the co-accused persons are said to have assaulted the injured with knife due to which he has sustained some injuries on his person, therefore, the applicants are 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 applicants and the charge- 3 sheet has not been >led against the applicants, but considering the fact that the applicants along with the co-accused, are said to have assaulted the injured, but it is the co-accused Devendra Sahu, who has assaulted the injured with knife, and the knife has also been seized from him, and he has already been enlarged on bail by this Court vide order dated 08.10.2025 passed in MCRC No. 6842/2025, the applicants are in jail since 26.07.2025 and 07.09.2025, respectively and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Sonu Alias Hemant Sahu and Dhanush Nishad, involved in Crime No. 311/2025, registered at Police Station – Tilda- Newra, District – Raipur (C.G.) for the o:ence punishable under Sections 296, 351(3), 109 and 3(5) of the BNS and Sections 25 and 27 of the Arms Act, 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 applicants 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 applicants shall remain present before the trial court on each date >xed, either personally or through his counsel. In case of his absence, without su1cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants shall remain present, in person, 4 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 applicants is deliberate or without su1cient 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. O1ce 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