1 2025:CGHC:51500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8258 of 2025 1 - Churaman @ Nairo Deewan S/o Jeevan Kanwar Aged About 21 Years R/o Village Indranagar, Ward No.15, Police Station Kurud District- Dhamtari Chhatisgarh., District : Dhamtari, Chhattisgarh 2 - Anank@ Mehul@ Mithul Chandrakar S/o Late Dhanesh Chandrakar Aged About 23 Years (Wrongly Mentioned As Aanak In Impugned Order Shhet ) R/o Villate Sanjay Nagar Kurud Police Station Kurud District- Dhamtari Chhatisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station Kurud District- Dhamtari Chhatisgarh., District : Dhamtari, Chhattisgarh ... Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate For Non-applicant : Mr. Soumya Rai, Panel lawyer For Objector : Mr. Vikas Shrivastava, Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 15.10.2025 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 as they have been arrested in connection with Crime No. 212/2025 registered at Police Station – Kurud, District – Dhamtari (C.G.), for the offence punishable under Sections 309 (3) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant namely, Abhiman Tiwari, filed SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 a written report at the concerned Police Station, alleging that on 22.08.2025 at about 10:50 A.M., the Applicant No. 2. along with the other co-accused persons have asked the complainant to sit in his car and thereafter, when they reached near Ram Town, Charra Road, Kurud, the applicants and the co-accused persons assaulted the complainant and also looted Rs. 15,000/- from him. Based on the complainant's report, an offense under Sections 309 (3) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicants were arrested on 12.09.2025. 3. Learned counsel for the applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He submits that the injuries sustained by the complainant are in simple in nature and no articles have been recovered from the possession of the present applicant. He contended that there is no specific allegation leveled against the applicants in the FIR. He further submits that there is no criminal antecedent against the Applicant No. 1 and there is 01 criminal antecedent against the Applicant No. 2 bearing Crime No. 196/2025, P.S. Birejhar. Applicants are in jail since 12.09.2025, 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. However, he do not dispute the submission of counsel for the applicant that there is no criminal antecedent against the Applicant No. 1 and there is 01 criminal antecedent against the Applicant No. 2 and further, he submits that there specific allegations against the applicant of committing assault over the complainant. 5. Learned counsel for the Objector raises objection in grant of bail to the applicant and relies upon the submissions of learned counsel for the Respondent/State. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and further the fact that there is no criminal antecedent against the Applicant No. 1 and there is 01 criminal antecedent against the Applicant No. 2 bearing Crime No. 196/2025, P.S. Birejhar. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and injuries sustained by the complainant and other persons are simple in nature, the applicants are in jail since 12.09.2025, 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. 8. Let the Applicants – Churaman @ Nairo Deewan and Anank @ Mehul @ Mihul Chandrakar , involved in Crime No. 212/2025 registered at Police Station – Kurud, District – Dhamtari (C.G.), for the offence punishable under Sections 309 (3) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing 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 they 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 their absence, without sufficient cause, the trial court may proceed against their 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 4 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 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 them 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/- (Ramesh Sinha) Chief Justice Dey