1 2025:CGHC:51163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8142 of 2025 Sumit Kumar Sarotiya S/o Shivpal Singh Sarotiya Aged About 22 Years R/o Ward No. 7, Village Binjhra, P.S. Katghora, District- Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Dharsiwa, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anish Tiwari, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, 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. 325/2025, registered at Police Station – Dharsiwa, District- Raipur (C.G.) for the offence punishable under Sections 115(2), 118(2), 296, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.15 10:33:50 +0530 2 2. As per the prosecution's case, the complainant, Jwala Prasad, lodged a First Information Report (FIR) alleging that on 06.07.2025, at about 8:30 p.m., he had gone to his friend Bharat's room to drop off Rice. A dispute arose with Bharat, concerning the placement of Rice over Tomatoes. Following the initial dispute, Bharat told him to leave. Later, while he was walking outside his room after eating, the present applicant along with Devdas (Co-accused), allegedly confronted and verbally abused him, issuing death threats. The applicant then allegedly assaulted the informant by punching him, and inflicted injuries with a sharp object on his neck and right back. On the basis of the above incident, an FIR bearing crime number 325/2025 was registered against the the present applicant under sections 115(2), 118(2), 296, 351(2) and 3(5) of BNS, and thus the present applicant has been prosecuted in the present case. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant is alleged to have caused injuries to the injured Jwala Prasad with a knife. Although the injuries are stated to be grievous in nature, there is no X-ray report indicating that any internal damage was caused. It is also submitted that the applicant has no previous criminal antecedents. Furthermore, the charge-sheet has already been filed, and the applicant has been in jail since 09.07.2025. As the trial is likely to take a considerable amount of time to conclude, he 3 prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that the injured was admitted to the hospital for four days. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that there is no X-ray report indicating any internal damage was caused, as well as the fact that the applicant has been in jail since 09.07.2025 and has no previous criminal antecedents, furthermore, the charge-sheet has already been filed and the conclusion of the trial is likely to take some time, 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. Let the applicant - Sumit Kumar Sarotiya, involved in Crime No. 325/2025, registered at Police Station – Dharsiwa, District- Raipur (C.G.) for the offence punishable under Sections 115(2), 118(2), 296, 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 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 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 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 his 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 Preeti