1 2025:CGHC:51157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8157 of 2025 1 - Dushyant Das Urf Babu S/o Deepak Das Aged About 24 Years R/o Railway Colony, Qtr. No.1 Bhilai, District -Durg Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through - Grp Police Station Bhilai, District - Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14.10.2025 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 has been arrested in connection with Crime No. 68/2025 registered at Police Station – GRP Bhilai, District – Durg (C.G.), for the offence punishable under Sections 309 (6), 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant namely, Kumud Patel, filed a report at the concerned Police Station, alleging that she is suffering from Kidney Failure and has to undergo dialysis for which, she went to Mittal Hospital and from hospital, her brother namely, Akash Shrivastava came to drop her. At that time, the applicant along with the co-accused persons came there and snatched a Rs. 500/- note and medical documents from her. When SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 the complainant screamed, the applicant twisted her hand upon which, her hand fistula got damaged and the applicant and co-accused caused injuries on the head of the complainant through an Iron Rod. When her brother namely, Akash came for rescue, the co-accused along with the applicant assaulted him and thereafter, fled from the spot. In the incident both the complainant and her brother sustained severe injuries over their person. Based on the complainant's report, an offense under Sections 309 (6), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicant was arrested on 18.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has 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 the applicant only accompanied the co- accused namely, Bhupendra Bharadwaj and there is no specific allegation leveled against the applicant. He also contended that no Test Identification Parade has been conducted by the authorities till date. He further submits that there is no criminal antecedent against the applicant. He is in jail since 18.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the 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. However, she do not dispute the submission of counsel for the applicant that the applicant is having no criminal antecedents and further, she submits that there specific allegations against the applicant of committing assault over the complainant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that 3 the applicant has no criminal antecedents against him. 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 applicant is in jail since 18.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Dushyant Das @ Babu, involved in Crime No. 68/2025 registered at Police Station – GRP, Bhilai, District – Durg (C.G.), for the offence punishable under Sections 309 (6), 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. (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 his, in accordance with law, under Section 209 of the 4 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 Dey