1 2025:CGHC:40217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6331 of 2025 1 - Kharhiman Das Banjare S/o Shri Dayalu Banjare Aged About 57 Years, 2 - Sumit Banjare S/o Shri Kharhiman Das Banjare Aged About 35 Years, 3 - Gokul Nirmalkar S/o Late Shri Nandram Nirmalkar Aged About 57 Years, All are R/o Village- Harditeka, Sukul Daihan, Thana- Lalbagh, Tahsil- Dongargarh, District- Rajnandgaon, C.G. ... Applicants versus The State Of Chhattisgarh Through The Station House Officer, Police Station- Bori, District- Durg, C.G. ... Respondent For Applicants : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/08/2025 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 applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.13 18:46:10 +0530 2 No.83/2025 registered at Police Station Bori, District-Durg (C.G) for the offence punishable under Sections 140, 308(5), 3(5), of the B.N.S. 2. Case of the prosecution, in brief, is that that complainant Sunita Deshlahre sister of the victim Dipak Deshlahre has lodged the report at Police Station Bori, District-Durg, that on 03.07.2025 his brother Dipak Deshlahre posted in village Purda Government Primary School told his sister Sunita Deshlahre that present applicants residents of village Tekahardi, had kidnapped him from his School Purda and they had beaten him with hands and fists during school hours and forcibly took him away in their car CG/04/KD/ 900 while beating him and the above mentioned persons also snatched his motorcycle and have forcibly taken it away. On the basis of said report police has registered offence against the present applicants. 3. It has been argued by learned counsel for the applicants that the applicant have lodged complaint under section 138 of the NI Act against the victim Deepak Deshlahre as he has taken some amount from applicant No.1 which was dishonored and on account of the said fact, present FIR has been lodged. It is stated that the victim was assaulted but he received simple injury. He would submit that the charge sheet has been filed in this case and the applicants are in jail since 04/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submitted that bike of the victim was taken away by the applicant No.1 and it was recovered. She would submit that charge sheet has been filed in this case before the competent court. 3 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 victim received simple injury, period of detention of the applicants since 04/07/2025, 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Kharhiman Das Banjare, Sumit Banjare and Gokul Nirmalkar, involved in Crime No.83/2025 registered at Police Station Bori, District-Durg (C.G) for the offence punishable under Sections 140, 308(5), 3(5) of the B.N.S, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial 4 and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them 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