1 2025:CGHC:57486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9609 of 2025 Md. Sameer @ Bakramundi S/o Late Md. Rafik Aged About 24 Years R/o Near Railway Track, Ganesh Nagar, Chuchuhiyapara, Police Station- Sirgitti, District – Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Police Station Sirgitti, District - Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26/11/2025 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. 757/2024, registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 119(1), 296, 115(2), 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) (corresponding Sections 327, 294, 323, 506, 34 of IPC. 2. As per the prosecution’s version, the complainant, Pawan Sai, reported PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:18 +0530 2 the matter to the Police Station stating that on 28.10.2024, at about 10:30 PM, while he was returning home, the main accused Ismile, along with two associates, demanded money for purchasing liquor. The complainant gave Rs. 125/-, but they also used abusive language and physically assaulted him while demanding more money. On this basis, the Police Station registered offences under Sections 119(1), 296, 115(2), 351(2), and 3(5) of the BNSS, and the final report was submitted before the Trial Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant’s name is not mentioned in the impugned FIR. He also submits that the injuries sustained by the complainant are simple in nature. The applicant has six previous criminal antecedents, all of which have been disposed of. The charge-sheet has been filed, and the applicant has been in judicial custody since 22.08.2025. Considering that the trial is likely to take a considerable time for its conclusion, he prays for the grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused 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 the fact that the injuries sustained by the complainant is simple in nature and further, the applicant has six previous criminal antecedents, all of which have been disposed of, the charge-sheet has been filed and he is in jail since 22.08.2025 and conclusion of the trial is likely to take some time, I 3 am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Md. Sameer @ Bakramundi, involved in Crime No. 757/2024, registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offence punishable under Sections 119(1), 296, 115(2), 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) (corresponding Sections 327, 294, 323, 506, 34 of IPC, 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 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 his, 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 his 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 Preeti