1 2025:CGHC:52567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7266 of 2025 Samit Chaturvedi S/o Kishan Chaturvedi Aged About 28 Years R/o Bhandaripara, Satnami Chowk, Devpuri, Police Station Tikrapara, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Tikrapara, District Raipur (C.G.) ... Respondent For Applicant : Shri Suresh Tandan, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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.543/2025 registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 10:51:14 +0530 2 115(2) of the Bhartiya Nyay Sanhita 2023 and section 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 22.07.2025 at about 9.30 p.m. when the complainant namely Sahil Joshi was standing near the Pipal Jhad, Satnam Chowk, Devpuri at that point of time the applicant came there and asked about his brother and toll him to call his brother otherwise he will kill and him and also abuses with filthy language and assaulted by means of sharp weapon like knife in which the complainant has received injury on his neck, on the basis of the report of the complainant the police registered the crime for the offence u/s 296, 351(2), 115(2) of the Bhartiya Nyay Sanhita 2023 and section 25, 27 of the Arms Act against the applicant and arrested on 26.07.2025. 3. Learned counsel for the applicant submitted that the applicant is said to have caused injuries by knife to the injured which was found to be simple in nature. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 26/07/2025 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. He would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, considering the fact that the injury sustained by the injured was found to be simple in nature, period of detention of the applicant since 3 26/07/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Samit Chaturvedi, involved in Crime No.543/2025 registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) of the Bhartiya Nyay Sanhita 2023 and section 25, 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 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 4 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