1 2025:CGHC:40211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6345 of 2025 Lakhwinder Singh @ Pentu S/o Makkhan Singh, Aged About 48 Years R/o MS- 165 MPHB Colony Tatibandh, Urla, Raipur, District Raipur (C.G.) Presently R/o PB-06 Majolewadi Ward, Rajnandgaon, District Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Urla, Raipur, District Raipur (C.G.) ... Respondent For Applicant : Shri Sudeep Verma, Advocate. For Respondent/State : Shri Sakib Ahmed, 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 applicant who has been arrested in connection with Crime No.44/2025 registered at Police Station Urla, Raipur, District Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.13 18:43:03 +0530 2 (C.G.) for the offence punishable under Sections 109, 191(2), 190, 191(3), 117(2), 61(2) of Bhartiya Nyay Sanhita, 2023 and section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 09.03.2025, the complainant namely Jaspal Singh lodged a report that when he was sitting at the counter of New Punjab Dhaba, situated at Bypass Road, Urla, Raipur (C.G.) and Gurjeet Singh went to sleep in a room of the Dhaba and employees Vinod, Sauni, Jagdish were present there, then at about 2.20 am, maternal uncle of Gurjeet Singh namely Jagir alias Sabba came from the front side of the Dhaba with a sword & a stick in his hand alongwith other persons and then after all of them together started assaulting him with the sword & stick, with the intention to kill. He ran out of the Dhaba to save himself, screaming loudly, on hearing the voice, Gurjeet Singh came outside & Jagir Singh reached there, regarding some old dispute with the intention of killing Gurjeet Singh, he & his companions started hitting him with swords & sticks. Jagir Singh's companion also hit Vinod, who was standing near the kitchen, on the head with a stick. Then all of them, out of fear, ran out of the Dhaba to save their lives. Due to the assault, the complainant got grievous injuries on his head, Gurjeet Singh got injuries on his shoulder & arm and Vinod got serious injuries on his head. They were admitted to AIIMS hospital for treatment. On the report of the complainant, a case without numbered crime under sections 109, 3(5) Bhartiya Nyay Sanhita, 2023 was registered and crime number 44/25, section 109, 3(5) Bhartiya Nyay Sanhita, 2023 was registered investigation was taken up. During the investigation, accused Jagir Singh & Lakhwinder Singh were taken into custody and their memorandum statement was 3 recorded upon interrogation. A sword used in the incident was recovered from accused Jagir Singh and an iron dagger like weapon & a baseball bat were recovered from Lakhwinder Singh and seized in front of witnesses and the accused were arrested. After complete investigation, a charge sheet has been filed against accused Jagir Singh alias Sabba & applicant/accused Lakhwinder Singh under sections 109, 191(2), 190, 191(3), 117(2), 61(2) of Bhartiya Nyay Sanhita, 2023 and sections 25, 27 of Arms Act. 3. It has been argued by learned counsel for the applicant that the FIR was named against one accused Jagir Singh and it is stated that the applicant along with five other accused are involved in the present case and they are said to have assaulted the three injured with with danda and sword. It is stated that the three injured namely Gurjeet Singh, Vinod and Jaspal Singh are said to have received injuries. It is stated that one of the Vinod has suffered injuries and his parietal region was found to be fractured whereas other two persons have received injuries on their shoulder and thighs and three accused are still absconding. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 10/03/2025 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. 4 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, period of detention of the applicant since 10/03/2025, applicant has no criminal antecedents, 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- Lakhwinder Singh @ Pentu, involved in Crime No.44/2025 registered at Police Station Urla, Raipur, District Raipur (C.G.). for the offence punishable under Sections 109, 191(2), 190, 191(3), 117(2), 61(2) of Bhartiya Nyay Sanhita, 2023 and section 25, 27 of 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 5 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