1 2025:CGHC:50724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7153 of 2025 Kunal Yadav S/o Mahesh Yadav Aged About 22 Years R/o Shakti Para, Urkura, Police Station Khamtarai, District : Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Ms. Deepali Gupta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.10.2025 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. 903/2025 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 118(1), 296, 351(2), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution version, it is alleged that the applicant, along with co-accused persons namely Bittu, Teshu, and Ujjawal, called the complainant (Rishabh Sahu and others) near Hanuman Mandir, where they allegedly hurled abuses and assaulted them. It is further alleged that ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.13 18:06:05 +0530 2 the applicant inflicted injuries on the complainant with a knife, while the other co-accused persons assaulted him with fists and kicks, resulting in simple injuries. On the basis of these allegations, the present offences were registered, and during the course of investigation, Sections 25 and 27 of the Arms Act, 1959 were also added by the Investigating Agency. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. She submits that the allegation against the applicant is that he, along with three other co-accused persons, was involved in a scuffle during which the applicant allegedly assaulted the injured with a knife. She also submits that the injury sustained by the victim is simple in nature. She further submits that the other co-accused persons have already been enlarged on regular bail by the learned trial Court. She further submits that the charge-sheet has already been submitted in the present case. It is further submitted that the present applicant has no criminal antecedents and has been in jail since 10.08.2025. As the conclusion of the trial may take some time, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that the allegation against the applicant is that he assaulted the injured with a knife, as per the medical examination report, the injury was on the thigh region of the injured, 3 however, the nature of the injury has not been mentioned in the MLC, nor is there any query report on record. Moreover, the fact that the charge- sheet has been submitted before the competent Court in the present case which is taken on record and the applicant has been in jail since 10.08.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Kunal Yadav, involved in Crime No. 903/2025 registered at Police Station : Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 118(1), 296, 351(2), 115(2), 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 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 4 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 Abhishek