1 2025:CGHC:51153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8163 of 2025 1 - Sarju @ Farid Khan S/o Kalim Khan Aged About 39 Years R/o Near Sai Mandir, Sarda Nagar, Talapara, P.S. Civil Line, District Bilaspur (C.G.) (Proper Name And Address) 2 - Sohel Khan S/o Sarju @ Farid Khan Aged About 20 Years R/o Near Sai Mandir, Sarda Nagar, Talapara, P.S. Civil Line, District Bilaspur (C.G.) (Proper Name And Address) ... Applicants Versus 1 - State Of Chhattisgarh Through Police Station Civil Line District Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Abhishek Nirala, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 804/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.), for the offence punishable under Sections 296, 118 (2), 351 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959. 2. The prosecution's case is that, the complainant namely, Md. Ishaq, filed a report at the Civil Lines Police Station, alleging that on 12.07.2025 at around SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 10:00 P.M., when the complainant was sitting alone behind Sharda Nagar Sai Mandir, due to old enmity, the applicant along with the other co-accused persons came from behind and started assaulting the complainant and due to which, the complainant suffered serious injuries over his person. Based on the complainant's report, an offense under Sections 296, 118 (2), 351 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959 was registered, and during the investigation, the applicants and other co-accused were arrested on 13.07.2025. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely been implicated in the aforesaid case. He submits that the injuries sustained by the complainant are in simple in nature. In support of his contention, he produced the medical report of the complainant/victim before the Court for perusal. He submits that the Test Identification Parade has also been conducted by the police authorities. He also submits that the applicants are in jail since 13.07.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case further, she submits that there specific allegations against the applicant of committing assault over the complainant. She submits that the Applicant No. 1 is the father who assaulted the complainant by Surgical Blade and Applicant No. 2 is the son of Applicant No. 1 who assaulted the deceased through knife. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that charge-sheet has already been submitted before the competent Court in the present case and injuries sustained by the complainant are simple in nature, 3 the applicant is in jail since 13.07.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Sarju @ Farid Khan and Sohel Khan, involved in Crime No. 804/2025 registered at Police Station – Civil Lines, District – Bilaspur (C.G.), for the offence punishable under Sections 119 (1), 296, 115 (2), 351 (2) r/w. Sections 296, 118 (2), 351 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 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 applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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. 4 (iv) The applicants 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 applicants are 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey