1 2025:CGHC:51367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8233 of 2025 Sanjay Singh Thakur Son of Suraj Singh Thakur Aged About 21 Years Resident of Kundra Para, Bachan Chowk Sukrawari Bazar Tahsil and District- Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Gudhiyari, Raipur District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 263/2025, registered at Police Station – Gudhiyari, Raipur, District- Raipur (C.G.) for the offence punishable under PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:09:18 +0530 2 Sections 115(2), 296, 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. The case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident there was simple dispute arose between accused persons and complainant and thereafter, they have committed marpeet with the complainant by knife, as resultant, the complainant has received simple injury. Based upon such complaint concerned police has been registered crime against 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 at the time of incident, there was simple dispute arose between the applicant and complainant, but the applicant has neither assaulted upon injured person nor committed any aforesaid offence as alleged by the prosecution against him. He later submitted that the injuries sustained by the victim is simple in nature, the applicant has no previous criminal antecedents, charge-sheet has been filed and the applicant is in jail since 17.05.2025 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 submitted that the charge-sheet has been filed in the present case. 3 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, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the victim is simple in nature and further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 17.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Sanjay Singh Thakur, involved in Crime No. 263/2025, registered at Police Station – Gudhiyari, Raipur District- Raipur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 3(5) of 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 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. 4 (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, 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. 5 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