1 2025:CGHC:50589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8008 of 2025 Sumit James @ Chhotu S/o Samuwel James Aged About 20 Years R/o Kududand, Saju Tripathi Gali Police Station Civil Line, District : Bilaspur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Sarkanda, District : Bilaspur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. 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. 689/2025 registered at Police Station Sarkanda, District : Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 190, 109(1), 3(5) of Bharatiya Nyaya Sanhita (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNS’). 2. Case of the prosecution, in brief, is that on 10.05.2025, the complainant reported at Police Station Sarkanda, District Bilaspur, that around 01:30 aA.M., his elder brother informed him that Prashant Trivedi had been assaulted near his house in Jabdapara by some youths, resulting in injuries. Upon reaching the spot, the complainant found Prashant Trivedi lying injured on the roadside. He called his nephew Shreyansh Tiwari, and together they contacted Dial 112 and took Prashant Trivedi to Unity Hospital, Bilaspur for treatment. Prashant Trivedi stated that while returning home from a wedding ceremony, he saw some youths sitting near his house consuming intoxicants. When he asked them to stop, they abused him, threatened to kill him, and attacked him with fists and stones. Based on this complaint, an offense was registered against the accused under Crime No. 689/2025 at Police Station Sarkanda, under Sections 296, 115(2), 351(2), and 3(5) of the Indian Penal Code. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused in the present is co-accused, who assaulted the injured by stones, due to which, injured sustained injuries i.e. hairline fractured on right nasal bone, so far as present applicant is concerned, he assaulted the injured only by hands and fists. The applicant is in jail since 05.06.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons assaulted the injured with stones, due to which, injured sustained injuries i.e. hairline fractured on right nasal bone, therefore, present applicant is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 05.06.2025, the fact that though the allegation against present applicant is that he along with other co-accused persons assaulted the injured with stones, due to which, injured sustained injuries i.e. hairline fractured on right nasal bone, but considering the fact that the it was the co-accused, who assaulted the injured by stones, whereas present applicant assaulted the injured only by hands and fists, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sumit James @ Chhotu, involved in Crime No. 689/2025 registered at Police Station Sarkanda, District : Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 190, 109(1), 3(5) of Bharatiya 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 4 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, 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. 9. 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 Akhil