1 2025:CGHC:51478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7333 of 2025 Prakash Das @ Chhotani S/o Guruvaru Das Aged About 18 Years R/o Devrikhurd Atal Awas, Torwa Thana- Torwa, Tahsil And Distt.- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Thana- Torwa, Distt.- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 338/2025, registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 10.08.2025, the complainant Sibbu Gupta lodged a report at the Torwa Police Station, stating that he resides at Devrikhurd, Vijay Nagar, Gali No. 07, is educated up to the 8th standard, and runs a clothing business. He reported that on 09.08.2025, after having dinner, he was at home when Nilesh Sonkar, along with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 21:01:44 +0530 2 Vikku, Bhuru, and other persons residing at Atal Awas, came to his house and knocked on the door. When he opened the door, all of them, in a pre-planned manner, started abusing him in filthy language referring to his mother and sister, threatening to kill him, and assaulting him with fists, punches, an iron rod, and an iron cleaver (chapar). Due to the assault, he sustained a head injury and fell to the ground. Hearing the commotion, his neighbors — Ajay Sahu, Simran Sahu, Bittu Sahu, Prasuti Sahu, and Laxmi Prasad Sahu — came to see what was happening. The accused persons also abused them in obscene language, threatened to kill them, and physically assaulted them as well. As a result of the assault: Ajay Sahu suffered injuries on his right arm, head, and left wrist, Simran Sahu sustained an injury on her left leg, Bittu Sahu suffered a head injury, Prasuti Sahu sustained an injury near the toe of her right foot, and Laxmi Prasad Sahu suffered an injury on his back. During the scuffle, Vikku Sahu smashed Bittu Sahu’s Realme mobile phone, causing it to be completely damaged, and Ajay Sahu’s gold chain, which he was wearing around his neck, fell off during the fight. The incident was witnessed and heard by nearby residents. Based on the complaint, an investigation was initiated, and it was found that the acts committed by the accused constituted offences punishable under Sections 296, 351(2), 115(2), 3(5), 118(1), 333, and 324 of the Bharatiya Nyaya Sanhita (BNS) and Sections 25 and 27 of the Arms Act. Accordingly, Crime No. 338/2025 was registered. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the allegation against the applicant is that he allegedly assaulted the injured person with a wooden stick, causing the injured to sustain simple injuries. He also submits that the applicant has 3 been in jail since 10.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. He further submits that it is an admitted fact that the applicant assaulted the injured person with a wooden stick, causing simple injuries, whereas the co-accused, namely Nilesh Sonkar, assaulted the complainant along with five other injured persons, causing grievous injuries. Looking to the nature of the allegation against the applicant, he is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the allegation against the applicant is that he assaulted the injured person with a wooden stick, resulting in simple injuries. Moreover, the main allegation is against the co-accused, namely Nilesh Sonkar, who allegedly assaulted the injured with a knife, due to which the complainant along with five other injured persons sustained grievous injuries. Therefore, the case of the applicant is distinguishable from that of the co-accused, Nilesh Sonkar. Furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 10.08.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Prakash Das @ Chhotani, involved in Crime No. 338/2025, registered at Police Station Torwa, District Bilaspur (C.G.) for 4 the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, 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 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 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 5 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek