1 2025:CGHC:50480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7002 of 2025 1 - Preetam Sahu S/o Shri Shriram Sahu Aged About 20 Years R/o Vill. Bajrang Chowk, Kasdol P.S. Kasdol District - Balodabazar- Bhatapara (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Kasdol District - Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate For Non-applicant : Ms. Shubra Shrivastava, Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 09.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 517/2025 registered at Police Station - Kasdol, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 109 the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. The prosecution's case is that, the complainant namely Purushottam Soni, filed a report at the Kasdol Police Station, 2 alleging that on 25.07.2025, near Anand Cycle Store, Bajrang Chowk, the applicant had a quarrel with the complainant and again on 27.07.2025, applicant had a quarrel with the complainant and his brother namely Jalshiv Soni and friend Tikeshwar Das, resulting which, the applicant in heat of passion had assaulted the complainant and when the complainant’s brother intervened during the scuffle, the applicant ran towards his house, brought a sword and thereafter, had assaulted the complaint by sword, due to which he suffered injuries over his person and his brother Durgesh Soni also suffered injury on his neck. Subsequent to the incident, the applicant lodged complaint in the concerned police station. Based on the complainant's report, an offense under 109 the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959 was registered, and during the investigation, the applicant was arrested on 28.07.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the injuries suffered by the applicant and his brother are simple in nature. In support of his contention, he placed copy of the medical report of the complainant and his brother for perusal of this Court. He submits that the allegations leveled against the applicant are false as the applicant and complainant are having previous enmity and further, there are no criminal antecedents against the applicant. He also submits that the applicant is in jail since 28.07.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the 3 present applicant. 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 submitted before the competent Court in the present case. She submits that there specific allegations leveled against the applicant of assaulting the complainant and his injured brother by means of sword. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has no criminal antecedents. Moreover, the injuries suffered by the injured persons are simple in nature and the applicant is in jail since 28.07.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Preetam Sahu, involved in Crime No. 517/2025 registered at Police Station - Kasdol, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 109 the Bhartiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959 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 he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 his 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 his, 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. 5 8. 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 Dey