1 2025:CGHC:51881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8401 of 2025 • Rajesh Yadav @ Khubu S/o Bisambhar Yadav Aged About 48 Years R/o Near Sitla Mandir Nayapara Ward Dhamtari, Tehsil And District- Dhamtari, C.G. ... Applicant versus • State of Chhattisgarh Through Office-In-Charge Of Police Station- City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Aditi Singhvi, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.45/2025 registered at Police Station – City Kotwali, District – Dhamtari (C.G.) for the offence punishable under Sections 126(2), 109(1), 296, 351(3), 3(5), 190, 191(2)(3) of BNS. 2. First bail application of the applicant was rejected on merit by this Court vide order dated 13.06.2025 passed in MCRC No. 4459/2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.17 16:38:07 +0530 2 3. Case of the prosecution, in brief, is that on 01.03.2025, the applicant had an altercation with Rajkumar Yadav along with Rajveer Singh Mehra @ Ginni and some other persons. On 02.03.2025, the applicant, thereafter, the offence has been registered against the applicant along with other co-accused armed with deadly weapons with the intention of causing a riot forcibly pulled Rajkumar off his motorcycle in Naya Para Ward, Dhamtari, abused him and threatened to kill him and the applicant assaulted the injured with the help of stick. Thereafter offence has been registered against the present applicant along with other co-accused persons. 4. It is argued by learned counsel for the applicant that the first bail application filed by the applicant has been rejected by this Court on merit in MCRC No.4459 of 2025 vide order dated 13.06.2025 and this second bail application is filed on the ground that co- accused namely Rajveer Singh, who has been assaulted the injured with knife has already been granted bail by the trial Court vide order dated 09.10.2025. She further submits that the allegation levelled against the present applicant that he has assaulted the injured with stick and perusal of the Medical Examination Report of the injured goes to show that the injured received 15 injuries, out of which, 8 are stab injuries, which are grievous in nature and there is no injury sustained by the injured with hard and blunt object. She also submits that the injured namely Rajkumar Yadav has been examined before the learned trial Court and he has turned hostile and not supported the prosecution case, therefore, she prays for releasing the applicant on regular ball. 3 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that charge-sheet has been submitted before the competent Court. He further submits that applicant along with other co-accused assaulted the injured and as a result injured received 15 injuries, out of which, 8 are stab injuries, which are grievous in nature, as such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and 8. Considering the fact and circumstances of the case, submissions made by learned counsel for the parties and co-accused namely Rajveer Singh, who has been assaulted the injured with knife has already been granted bail by the trial Court vide order dated 09.10.2025, and allegation levelled against the present applicant that he has assaulted the injured with stick and injured received injuries by causing knife not a blunt object, therefore, this Court is of the opinion that it is a fit case to enlarge the applicant on regular bail. 9. 9. Let applicant, Rajesh Yadav, involved in Crime No.45/2025 registered at Police Station – City Kotwali, District – Dhamtari (C.G.) for the offence punishable under Sections 126(2), 109(1), 296, 351(3), 3(5), 190, 191(2)(3) 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:- 4 (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 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. 10. 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