1 2025:CGHC:52837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7479 of 2025 • Golu @ Talwinder Singh Chhabra S/o Late Deewanchand Chhabra Aged About 36 Years R/o Bus Stand, Saraipali, Police Station - Saraipali, District- Mahasamund (C.G.) ... Applicant versus • State of Chhattisgarh Through - Police Station - Saraipali, District- Mahasamund (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 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. 219/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 296, 221, 132, 121(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the police received secret information that the applicant is selling liquor in his daily needs shop situated at Bus stand Saraipali. Pursuant to that information, police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.31 10:56:21 +0530 2 team reached the shop of the applicant. It is alleged that applicant refused to get his shop checked and abuses on the police team and applicant pushed a constable due to which he received injuries on his hand. Thereafter, aforesaid offences have been registered against the applicant. Hence, this bail 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 there is seven criminal antecedents registered against the present applicant and in all seven cases he has been acquitted and same are explained in detail at paragraph No.4(a). Copy of the same are annexed with bail application as Annexure-A/2. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.08.2025 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 is seven criminal antecedents registered against the present applicant and in all seven cases he has been acquitted and same are explained in detail at paragraph No.4(a). Copy of the same are annexed with bail application as Annexure-A/2 and the charge-sheet has been filed in this case. 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 submissions made by learned counsel for the parties, considering the fact that applicant has seven previous criminal antecedent and in all seven cases he has been acquitted, charge-sheet has been filed 3 against the applicant, the applicant is in jail since 16.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Golu @ Talwinder Singh Chhabra, involved in Crime No.219/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable under Sections 296, 221, 132, 121(1) of the Bharatiya Nyaya Sanhita, 2023 (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 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali