1 2025:CGHC:52306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6919 of 2025 Durgesh Yadav S/o Narendra Yadav Aged About 25 Years R/o Sanjay Nagar, Sarora, Police Station- D.D. Nagar, Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- D.D. Nagar, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Ajeet Kumar Yadav, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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.264/2025 registered at Police Station D.D. Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 119(1), 351(3) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.28 14:53:23 +0530 2 2. Case of the prosecution, in brief, is that the complainant Lokendra Dewangan lodged report at Police Station, D.D. Nagar, Raipur, alleging therein that on 01.07.2025 at about 10.30 PM, he was standing near his house and talking with his neighbour Sunita Goswami and sister-in- law Saraswati Dewangan, at that time, the applicant reached there and demanded money for consuming liquor and the complainant refused to give money, upon which, the applicant assaulted him by hand and also threatened to kill him, due to which, he received injuries on his back side & lips. On the basis of said report, the aforesaid alleged offences have been registered against the applicant. 3. Learned counsel for the applicant submitted that the applicant is innocent and falsely implicated in the instant case and the applicant has neither demanded any money from the complainant for consuming liquor, nor assaulted him and further he has never threatened the complainant to kill him. He would submit that in fact, the complainant had borrowed the amount of Rs. 2000/- from the applicant and on the date of incident, the applicant demanded his borrowed money, due to which, some altercation took place between the applicant and complainant and on account of said dispute, the complainant has falsely implicated the applicant in this case. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 03/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the criminal 3 antecedents of the applicant has been explained in para 4(a) of the bail application. 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 of allegation levelled against the applicant, period of detention of the applicant since 03/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Durgesh Yadav, involved in Crime No.264/2025 registered at Police Station D.D. Nagar, Raipur, District-Raipur (C.G.) for the offence punishable under Sections 119(1), 351(3) of Bhartiya Nyay 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 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 4 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. 8. 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 gouri