1 2025:CGHC:49836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7393 of 2025 Aayush Dubey S/o Shri Manoj Dubey Aged About 19 Years R/o - Bade Mathpara Sarangarh, P.S.- Sarangarh, District - Sarangarh - Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. - Sarangarh, District - Sarangarh - Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. V.R. Tiwari, Senior Advocate with Mr. Pratik Tiwari, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.318/2025 registered at Police Station Sarangarh District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution in brief is that on 03.07.2025 FIR has been lodged by the complainant alleging that on the night of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:29 +0530 2 02.07.2025 at around 9 PM the prime accused Ajay Banjare along with his 10-15 accomplices threatened the brother of the complainant and then proceeded to attack him with iron rod and looted his belongings along with the cash. The complainant has lodged the FIR against the prime accused Ajay Banjare along with his 10 to 15 accomplices and there are no specific allegations drawn against the present applicant. The applicant was arrested on 03.07.2025. Hence the instant first bail petition. 3. Learned counsel for the applicant submits that appllicant is innocent and has been falsely implicated in the present case as he has not played any role in the alleged incident. The complaint made by the complainant does not contain the name of the applicant nor are there any specific allegations against him. The applicant is engaged in assisting farmers in the agricultural fields of his village and is one of the few earning members of his family, which is presently facing financial hardship. The victim has not sustained any grievous injuries nor was he admitted to the hospital, and the medical documents including CT scan and HRCT reports clearly indicate no significant abnormalities in the brain parenchyma, fronto-ethmoid and maxillary sinus regions or thorax, as shown in Annexure A/3. The applicant has been in judicial custody since 03.07.2025 and the conclusion of the trial is likely to take considerable time. There has been no seizure from the applicant and there are no direct allegations against him. The applicant is a permanent resident of the address mentioned in the cause title of this bail application and there is no likelihood of his absconding or interfering with the due process of law., therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court and that the applicant has 3 criminal antecedents. He further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and upon perusal of the case diary, it is observed that the injuries sustained by the injured are simple in nature. The charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 03.07.2025 and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Aayush Dubey, involved in Crime No.318/2025 registered at Police Station Sarangarh District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav