1 2025:CGHC:49850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7894 of 2025 Raman Sahu S/o Radheshyam Sahu, Aged About 18 Years R/o Village - Araud, P.S. - Magarlod, District - Dhamtari, (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - Magarlod, District - Dhamtari, (C.G.) ... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 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. 116/25 registered at Police Station – Magarlod, District Dhamtari (C.G.) for the offence under Sections 296, 109, and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in short is that on 15.08.2025, the co-accused, who is a juvenile in conflict with law, and one Chandan Sahu had an altercation due to the rash driving of the co-accused, during which Chandan Sahu gave a stern look to him. Consequently, on the date of the incident, i.e., 16.08.2025, when Chandan Sahu was sitting with his ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.08 10:55:36 +0530 2 friends, the applicant along with the co-accused (juvenile in conflict with law) arrived at the spot and started hurling abuses. At that time, the injured/complainant, namely Dulesh Kumar Sahu, intervened and asked them to stop abusing. Thereupon, the co-accused became enraged and assaulted the injured with a knife on his stomach and head. Thereafter, a report was lodged, and upon completion of the investigation, the concerned police station filed the charge-sheet. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that in the present case, the allegation of assault is specifically against the co-accused, who is a juvenile in conflict with law and has already been released on bail by the concerned Court. The recovery of the weapon has also been made from the co-accused and not from the present applicant. He further submits that the prosecution case itself shows that the applicant had merely accompanied the co-accused in connection with a previous altercation involving Chandan Sahu, and it was the co-accused who suddenly assaulted the injured at the spot. Hence, there was no common intention on the part of the applicant to commit the alleged offence. The entire allegation of assault and consequent recovery pertains to the co- accused, and the present applicant has not committed any crime. He also submits that the present applicant has no criminal antecedents and he is in jail since 17.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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 this case. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the main allegation is against the co-accused, who is a juvenile in conflict with law and has already been released on bail by the concerned Court. The allegation against the applicant is merely that he accompanied the said co-accused. Also considering the fact that the present applicant has no criminal antecedents, the charge-sheet has already been submitted before the competent Court and he is in jail since 17.08.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Raman Sahu involved in Crime No. 116/25 registered at Police Station – Magarlod, District Dhamtari (C.G.) for the offence under Sections 296, 109, and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 Abhishek