1 2025:CGHC:51248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7309 of 2025 • Poshan Lal Yadav S/o Dukhwa Yadav Aged About 52 Years R/o Village Kodwa, P.S. And Tehsil Dharsiwa, Distt. Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through P.S. Dharsiwa, Distt. Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vivek Mishra, Advocate. For Non-applicant/State : Mr. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 280/2025, registered at Police Station – Dharsiwa, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 117(3) of BNS, 2023. 2. The case of the prosecution, is that complaint has lodged an FIR that VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.15 17:58:42 +0530 2 on 09.06.2025 the complainant was fixing light at the garden of the Poshan Nayak at that time the applicant herein came to Poshan Nayak and demanded for the money for having liquor, which was denied by Poshan Nayak upon which the applicant got sudden anger and started beating the complainant with hand and fist due to which the complainant has received injuries. Thereafter, offence has been registered against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is no criminal antecedents registered against the present applicant. The allegation levelled against the present applicant that he has assaulted the injured upon which injured sustained injuries, which are grievous in nature. He further submits that the charge- sheet has been filed in this case. The applicant is in jail since 15.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant and the applicant is in jail since 15.07.2025, looking to the detention period of the applicant and conclusion of the 3 trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Poshan Lal Yadav, involved in Crime No.280/2025, registered at Police Station – Dharsiwa, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 117(3) of BNS, 2023, 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:- (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 4 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/- Sd/- (Ramesh Sinha) Chief Justice vaishali