1 2025:CGHC:49598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7836 of 2025 Amit Sharma S/o Late Ved Prakash Aged About 29 Years R/o Aasana Tamaconi Para, Jagdalpur, P.S. Kotwali, District- Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Kotwali Jagdalpur, District- Bastar (C.G.) ... Respondent For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.10.2025 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 applicant who has been arrested in connection with Crime No. 154/2025 registered at Police Station - Kotwali Jagdalpur District - Bastar (C.G.), for the offences punishable under Sections 296, 351(2), 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.07 10:40:25 +0530 2 27 of the Arms Act. 2. As per the prosecution story in brief is that on 13.05.2025, Himanshu Nag reported the matter against the present applicant that the on 12.05.2025, when he was with his friends Dheeraj Thakur along with Kamlesh Nayak Standing near Krishna saloon at Samund Chouk, near about 9:30 pm appellant with other accused come near them and due to old enmity use filthy language assaulted the victim with sharp knife to which crime has been registered against the present applicant and he was arrested on 16.05.2025 and filed the charge sheet in competent court of law. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that though he has not committed any offence as alleged by the prosecution. As per the Medico-Legal Examination report, the injuries suffered by the applicant are simple in nature; therefore, no offence is made out against him. The applicant has not acted in the manner alleged by the prosecution, and no weapon or sharp-edged object has been recovered from his exclusive possession—the alleged weapon was seized from a motorcycle that was moving around the city and parked at various open places. Even if the entire prosecution case is taken at its face value, the offence under Section 109 of the B.N.S. would still not be made out. It is further submitted that similarly placed co-accused persons have already been granted bail by the Hon’ble High Court and the learned Trial Court vide orders dated 16.09.2025, 18.08.2025, and 30.08.2025 in M.Cr.C. No. 7412/2025, B.P. No. 283/2025, and B.P. No. 302/2025 3 respectively, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused person has already been granted bail vide order dated 16.09.2025 in MCRC No. 7412 of 2025, further considering that the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 16.05.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Amit Sharma, involved in Crime No. 154/2025 registered at Police Station - Kotwali Jagdalpur District - Bastar (C.G.), for the offences punishable under Sections 296, 351(2), 109 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 4 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 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. 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 vaibhav