1 2025:CGHC:51249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7308 of 2025 • Dinesh Singh Urf Muchchhu S/o Late Ramesh Singh Aged About 39 Years R/o Sanjay Nagar, Near Shyam Kirana Store P.S. Supela Bhilai, District - Durg (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Supela District - Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Uttam Pandey with Smr. Pooja Sinha Advocate. For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.10.2025 1. Mr. Jitendra Gupta, Advocate submits that he has appeared on behalf of the co-accused namely Suraj Gupta S/o Manik chand and argued the bail application in MCRC No.6227 of 2025 and the same was allowed by this Court vide order dated 07.08.2025, in view of the same he submitted that because of some miscommunication he has filed his power on behalf of the complainant in the present case and he wants to withdraw his power and he is allowed to do so. In view of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.15 17:58:42 +0530 2 the same, Court proceeds to hear the matter. 2. 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. 495/2025, registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 109(1), 61(2), 111(4) of BNS, 2023 and under Section 25, 27 of the Arms Act. 3. The case of the prosecution, is that complaint/injured has lodged an FIR that on 30.04.2025 to the effect that he is carrying on a small business at Civic Center Bhilai and his younger brother Rahul Singh @ Rahula released from jail before one month, who informed him and his mother that the applicant is inflicting threatening to him. He was advised to not to go out of the house. On 30.01.2025 the injured came out from his house at 10.40 a.m and was moving on the road situated between Laxmi Nagar to Farid Nagar where in the meant time, when he reached near Suraj Kirana Stores, the accused persons Rohit Tiwari along with other co-accused person attacked on him by chapad used in cutting of Goat causing, as a result he received grievous injuries on his cheek, neck and head. Thereafter. Offence has been registered against the applicant. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is two criminal antecedents registered against the present applicant in the year 2008 and 2016. It is further submitted that the injured Rahul Singh @ Rahula has stated that the applicant was not present at the place of incident and the co-accused persons have assaulted him and as per the prosecution case co-accused persons 3 are said to have assaulted the injured. He further submits that the charge-sheet has been filed in this case. The applicant is in jail since 22.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is two criminal antecedents registered against the present applicant of the year 2008 and 2016, and the charge-sheet has been filed in this case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is two criminal antecedents registered against the present applicant and the fact that the injured Rahul Singh @ Rahula has stated that the applicant was not present at the place of incident and the co-accused persons have assaulted him, charge-sheet has been filed against the applicant, the applicant is in jail since 22.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Dinesh Singh, involved in Crime No.495/2025, registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 109(1), 61(2), 111(4) of BNS, 2023 and under Section 25, 27 of the 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 4 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 concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali