1 2025:CGHC:50733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6332 of 2025 Lalla S/o Baldev Aged About 19 Years By Caste Panika R/o Village Shripur, Thana And Tahsil Kelhari Distt. Manendragarh-Chirmiri-Bharatpur C.G. ... Applicant versus The State Of Chhattisgarh Through Police Station Kelhari Distt. M.C.B. C.G. ... Respondent For Applicant : Shri Parag Kotecha, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/10/2025 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.33/2025 registered at Police Station Kelhari, Distt. M.C.B CG for the offence punishable under Sections 115(2), 351(2), 331(6), 3(5), 296 of Bharitiya Nyaya Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.13 11:02:23 +0530 2 2. Case of the prosecution, in brief, is that it was an allegation against the applicant and other person, that one week prior to the incident the Co accused Suraj had said something to the daughter of the complainant namely Dubraj Singh and on that there was dispute and applicants went to the house of the complainant with lathi (Danda) and abused the complainant and threaten him to life and cause injuries. Hence an offence under aforesaid section was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case and he is arrested only on the basis of suspicion. He would submit that there is no eye witnesses to the incident and there is no motive to commit the crime had been proved by the prosecution. He would submit that injuries caused, are simple in nature and there is delay in lodging FIR and no proper explanation had been offered by the prosecution. He would submit that the applicant has one criminal antecedent which has been explained by filing covering memo. He would submit that charge sheet has been filed in this case and the applicant is in jail since 21/07/2025 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. 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 3 of the applicant since 21/07/2025, 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- Lalla, involved in Crime No.33/2025 registered at Police Station Kelhari, Distt. M.C.B CG for the offence punishable under Sections 115(2), 351(2), 331(6), 3(5), 296 of Bharitiya Nyaya Sanhita, 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 shall initiate proceedings against him, in accordance with law, 4 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