1 2025:CGHC:55172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8044 of 2025 • Vikas Barle S/o Shri Balaram Barle Aged About 22 Years R/o Gogaon, Near Water Tank Purani Basti Gogaon, P.S. Gudhiyari, District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Gudhiyari Raipur, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kashish Saluja, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.11.2025 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. 369/2025, registered at Police Station – Gudhiyari Raipur, District – Raipur. (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 324(3), 117(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complainant is resident of Suryanagar Gogaon who runs a grocery shop at home. On 10.08.2025 around 12 pm complainant was sitting in his shop then VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 18:45:48 +0530 2 the applicant/accused Vikas Barle who lives in the same neighborhood came and said that the month of sawan is over and he wants to party, asked money for alcohol from the complainant. On refused to do so, the applicant/accused started verbally abusing him with obscene language. When complainant asked the applicant/accused to stop abusing, he threatened to kill him and picked up shovel with wooden handle belonging to labour working near his house and tried to strike complainant, complainant raised his left hand to defend himself, during which his left hand got injured and thereafter accused ran away, thereafter FIR has been lodged against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and the allegation levelled against the present applicant is that on the date of incident applicant asked money for alcohol from the complainant when he refused to do so, the applicant/accused started verbally abusing him with obscene language. He further Submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 12.08.2025 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 opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. She further submits that fracture has been found over injured left hand, therefore, applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of 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, submissions made by learned counsel for the parties, applicant is in jail since 12.08.2025 and conclusion of the trial may take some more time, looking to his detention period, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vikas Barle, involved in Crime No.369/2025, registered at Police Station – Gudhiyari Raipur, District – Raipur. (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 324(3), 117(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) 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 him 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 4 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 vaishali