1 2025:CGHC:50497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8003 of 2025 Ajay Yadu S/o Shri Anil Yadi, Aged About 31 Years Near Yadav Bhawan, Sahupara, Hirapur, PS Kabir Nagar, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through PS Kabir Nagar, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. (through video-conferencing) For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09/10/2025 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. 95/2025, registered at Police Station – Kabir Nagar, District - Raipur (C.G.) for the offence punishable under Sections 109, 309(6), 3(5) of the Bharatiya Nyay Sanhita, 2023 read with Sections 25 and 27 of Arms Act. 2. The case of the prosecution, in brief, is that, the injured complainant lodged a written complaint on 13.06.2025 before the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 13:30:27 +0530 2 concerned police station, alleging that on 12.06.2025 at around 8:15 p.m., the applicant, along with other co-accused, assaulted him and looted Rs.10,000 and his mobile phone. Based on this complaint, FIR was registered against the applicant and the co- accused. A bare perusal of the FIR reveals that the sole allegation against the present applicant is that he assaulted the complainant with a kada (metal bracelet). It is pertinent to mention that the FIR was lodged with delay, indicating a possible afterthought to falsely implicate the applicant and others. The complainant was medically examined, and as per the MLC, only a laceration on the left side of the forehead and a lower right molar evulsion were found. Notably, although the complainant claimed he was assaulted with a knife and a kada, no such injuries consistent with a knife assault were found in the medical report. Furthermore, the investigation has been completed, and a charge-sheet has been filed before the concerned trial Court, adding offences under Sections 25 and 27 of the Arms Act. However, it is evident from the charge-sheet that, apart from a kada, no incriminating material was seized or recovered from the possession of the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is alleged to have assaulted the injured with a kada (metal bracelet) on the left side of the forehead resulting in a laceration, which, though classified as grievous, was not found to be dangerous to life, further the 3 applicant has no previous criminal antecedents. He later submitted that the charge-sheet has been filed and the applicant is in jail since 14.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the present applicant is that he assaulted the complainant with ‘kada’ (metal bracelet). Therefore, he is not entitled to be released on 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 the applicant is alleged to have assaulted the injured with a kada (metal bracelet) on the left side of the forehead resulting in a laceration, which, though classified as grievous, was not found to be dangerous to life, further, considering that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in custody since 14.06.2025 and 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. 7. Accordingly, the bail application is allowed. Let the applicant - 4 Ajay Yadu, involved in Crime No. 95/2025, registered at Police Station – Kabir Nagar, District - Raipur (C.G.) for the offence punishable under Sections 109, 309(6), 3(5) of the Bharatiya Nyay Sanhita, 2023 read with Sections 25 and 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 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 5 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, 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