1 2025:CGHC:51368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8226 of 2025 Vishal Motwani S/o Shri Goverdhandas Motwani Aged About 45 Years R/o Ward No. 9, Chikhlakasa P.S. Rajhara, District- Balod Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Rajhara, District- Balod Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. B.P. Singh, Advocate. For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 286/2025 registered at Police Station Rajhara, District- Balod (C.G.) for the offence punishable under Sections 296, 221 and 132 of BNS. 2. Case of the prosecution, in brief, is that the complainant Ajit AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mahobiya reported to Police Station Rajhara that on 11.09.2025, during Ganesh Idol Visarjan at about 12:00 AM near Veer Narayan Chowk, almost all the DJs of the pandals were stopped by police except one where the applicant was present. When the police personnel attempted to stop the DJ at that place, the applicant caught hold of the collar and pushed the police personnel, causing the button and nameplate of the police uniform to fall off. On this basis, the police registered the offence, and the applicant was arrested on 12.09.2025. After completion of the investigation, the charge sheet has been filed before the competent court. 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 on 16.08.2025, following the suicide of one ASI Hiraman Mandavi, the family members of the deceased went to the house of the applicant, who is a ward counselor. The applicant accompanied them to the police station. Upon their arrival, a police personnel, namely Ravishankar Pandey, allegedly threatened the applicant, to implicate him in a false case. The applicant is in jail since 12.09.2025, the applicant has one criminal antecedent pending against him, which is of the year 2021 under the IPC, 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. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. He further submits that the applicant allegedly assaulted a police personnel by grabbing his collar and pushing him during Ganesh Idol Visarjan on 11.09.2025 near Veer Narayan Chowk, causing the button and nameplate of the police uniform to fall off, therefore, the 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 12.09.2025, the fact that thought the applicant is alleged to have assaulted a police personnel by grabbing his collar and pushing him during Ganesh Idol Visarjan on 11.09.2025 near Veer Narayan Chowk, causing the button and nameplate of the police uniform to fall off, but considering the fact that the applicant has only one criminal antecedent pending against him, which is of the year 2021 under the IPC, further charge-sheet has been filed, a ssuch, 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-Vishal Motwani, involved in Crime No. 286/2025 registered at Police Station Rajhara, District- Balod (C.G.) for the offence punishable under Sections 296, 221 and 132 of BNS, 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:- 4 (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