1 2025:CGHC:55190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9082 of 2025 Rahul Manikpuri S/o Gangadas Manikpuri Aged About 19 Years R/o Bangalipara, Gali No. 03, Thana- Sarkanda, District Bilaspur C.G ...Applicant versus State Of Chhattisgarh Through Police Station- Tarbahar, District Bilaspur C.G. ... Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 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. 275/2025 registered at Police Station : Tarbahar, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 119(1), 49, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The brief prosecution story in brief is that during the course of investigation, the police, upon finding a prima facie case of assault VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.13 11:58:25 +0530 2 against the present applicant/accused, registered Crime No. 275/2025 at Police Station Tarbahar, District Bilaspur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 117(2), 119(1), and 49.3(5) of the Indian Penal Code, 2023, along with Sections 25 and 27 of the Arms Act. After collecting preliminary evidence, the investigation was continued, and the applicant/accused was produced before the Court of the learned Judicial Magistrate First Class, Bilaspur. Subsequently, the competent authority presented the matter before the learned Sessions Court, Bilaspur (C.G.), and on transfer, the same was placed before the Court of the learned Ninth Additional Sessions Judge, Bilaspur, for further proceedings. 3. Learned counsel for the applicant submits that the applicant is an innocent person falsely implicated in the present case. He further submits that prosecution merely on the basis of pocket witnesses. He has been in judicial custody since 26.08.2025, and the alleged offences are not punishable with life imprisonment or death penalty, the trial being triable by the Court of J.M.F.C., Bilaspur (C.G.). The applicant/accused has been arrested under Sections 296, 351(2), 115(2), 117(2), 119(1), 49.3(5) of the Indian Penal Code and Sections 11(2), 115(2), 117, 25, and 27 of the Arms Act, and is presently in detention. His continued incarceration would not only expose him to hardened criminals, adversely affecting his mental state, but has also resulted in financial hardship and starvation for his dependent family members. The applicant/accused’s first bail application of this nature has neither been filed nor disposed of before this Hon’ble Court or the Hon’ble Supreme Court. He is a permanent resident of the given 3 address and possesses movable and immovable properties in his name. He undertakes to cooperate fully with the prosecution during the investigation and trial, will neither abscond nor influence the witnesses, and is ready to furnish adequate surety as may be directed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the complainant were caused by co-accused. Moreover, the applicant has no role in causing injury to the complainant, and the charge-sheet has already been submitted before the competent Court. The applicant has been in jail since 26.08.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Rahul Manikpuri involved in Crime No. 275/2025 registered at Police Station : Tarbahar, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 119(1), 49, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 4 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav