1 2025:CGHC:57499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9483 of 2025 Pawan @ Pintu Shriwas S/o Deepak Shriwas Aged About 26 Years R/o Ward No. 15, Sanjay Nagar, Kharsiya Chowki, Kharsiya, Distt. Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S H O P.S. Kharsiya (As Per Fir), District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 434/2025 registered at Police Station Kharsiya (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the applicant/accused Pawan alias Pintu Shrivas was charged under Sections 296, 351(1), 115(2), 118(1) of the IPC in Crime No. 434/2025 at Kharsia Police Station. He is alleged to have verbally abused the complainant Omprakash Sharma in a public place, threatened him with death, and caused injury to his neck using a blade, which led to the registration of the alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though on account of some previous animosity, present applicant has assaulted the injured, but as per MLC report, the injury is found to be simple in nature. The applicant is in jail since 22.08.2025, the applicant has one criminal antecedent of the year 2023 under the IPC, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have abused the complainant in public, threatened him with death, and injured him on the neck with a blade, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 under the IPC, therefore, he 3 is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.08.2025, the fact that though on account of some previous animosity, present applicant has assaulted the injured, but as per MLC report, the injury is found to be simple in nature, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 under the IPC and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Pawan @ Pintu Shriwas, involved in Crime No. 434/2025 registered at Police Station Kharsiya (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) of 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. 4 (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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil