1 2025:CGHC:50100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7914 of 2025 Abede Crischan S/o Ashirwadam Aged About 19 Years R/o Pragati Nagar Camp 1 Bhilai Police Station Chawni, District : Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Chawni, District : Durg, Chhattisgarh ... Respondent(s) For Appilcant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/10/2025 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. 287/2025 registered at Police Station Chawni, District : Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3) of Bharatiya Nyaya Sanhita (for shrot ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant Balvinder Singh lodged a report stating that on 07.06.2025, after returning home, his wife informed him that the applicant’s father had visited their house and demanded the property papers. When the complainant went to the applicant’s house to inquire, a quarrel ensued regarding the property papers, during which the applicant allegedly assaulted him with a knife, hands, and fists, causing injuries to his back and other parts of his body. On this basis, the concerned police station registered the report and arrested the applicant. 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 the present applicant has no enmity with the complainant. When the complainant came and started a quarrel with the applicant’s father, the applicant only intervened to stop the dispute. However, a false report was lodged, and a fabricated story regarding the use of a knife was added. In fact, while trying to pacify the situation, the applicant fell into an open drainage and sustained injuries on his back. Furthermore, a false recovery of the alleged weapon has been shown against him. He also submits that the applicant has sustained only one injury measuring 3×1×1.5 cm, and there is no opinion on record regarding whether the injury is simple or grievous in nature. Moreover, the complainant was not hospitalized, which clearly indicates that the injury cannot be categorized as grievous. The applicant is in jail since 08.06.2025, the applicant has one criminal antecedent, 3 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 present case. He further submits that on 07.06.2025, following a dispute over property papers, he allegedly assaulted the complainant Balvinder Singh at his residence using a knife, along with hands and fists, causing injuries to the complainant’s back and other parts of his body, due to which, the injured sustained injury measuring 3×1×1.5 cm and the injured was admitted in the hospital for one day, further the applicant has one criminal antecedent, therefore, he 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 08.06.2025, the fact that though the applicant allegedly assaulted the complainant Balvinder Singh at his residence using a knife, along with hands and fists, causing injuries to the complainant’s back and other parts of his body, due to which the injured sustained injury measuring 3×1×1.5 cm and was admitted in the hospital for one day, but considering the nature of injury, which is simple in nature, criminal antecedent of the applicant, which is one antecedent and the fact that charge-sheet has been filed in the present case, this Court is of the view that the applicant 4 is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Abede Crischan, involved in Crime No. 287/2025 registered at Police Station Chawni, District : Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3) of Bharatiya Nyaya Sanhita, 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 5 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