1 2025:CGHC:49609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7823 of 2025 Kuldeep Singh @ Rahul (Wrongly Mentioned As Kuldeep Singh @ Rahu) S/o Arjun Singh, Aged About 24 Years, R/o Thirty Two Acres Near Jhulelal Temple, Housing Board Bhilai, P.S. - Jamul, District - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Jamul, District - Durg (C.G.) ... Respondent For Applicant : Shri Shikhar Bhaktiyar, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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.300/2025 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.07 10:46:00 +0530 2 2023 and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 13.05.2025 the injured Sahil Kumar @ Pawan lodged report at Police Station, Jamul, alleging therein that on 12.05.2025 at about 4.00 PM, he went to the house of applicant situated at Housing Board Colony, where both consumed liquor and during conversation, the dispute took place between them and on account of said dispute relating to black colour of brother-in-law (Jeeja) of the applicant, the applicant has inflicted stab injury on abdomen of injured with the help of knife. On the basis of said report, the alleged offences have been registered against the applicant. 3. It has been argued by learned counsel for the applicant that the applicant and the complainant/injured were having liquor together and the complainant had uttered some remarks against the husband of the sister of the applicant and the incident took place in a grave and sudden provocation and the applicant had no intention to kill the injured. He would submit that the applicant has one criminal antecedent in which he has been acquitted, charge sheet has been filed in this case, the applicant is in jail since 13/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that as per the query report the injury was found to be dangerous to life. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, further the fact that as per the query report the injury was found to be dangerous to life but considering the fact that the applicant is in jail since 13/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kuldeep Singh @ Rahul, involved in Crime No.300/2025 registered at Police Station Jamul, District-Durg (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita, 2023 and Section 25, 27 of Arms Act, 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 4 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. 8. 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 gouri