1 2025:CGHC:49837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7122 of 2025 Sanjay Miri S/o Shri Rameshwar Miri Aged About 33 Years R/o Rangerpara, Sarangarh, Police Station Sarangarh, Tehsil Sarangarh, District Sarangarh- Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Tamboli, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.318/2025 registered at Police Station Sarangarh District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, it is alleged that on 02/07/2025 at about 09 PM, when the victim Mayuresh Kesharwani was in his shop Mona VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:29 +0530 2 Marble at that time around 10-15 persons attached him with iron rod and other weapons by which the victim sustained serious injuries. Complaint has been made by Amitesh Kesharwani who is the brother of the victim. It is stated in the FIR that the attack was pre-planned and was done under the instructions of Ajay Banjare who is the husband of Smt. Soni Banjare, President of Nagar Palika Sarangarh. It is also stated in the FIR that since past few days the victim was being threatened by way of Facebook and other social media platforms and the accused persons have looted cash and gold chain from the victim. Based on these allegations this FIR has been on registered and the applicant. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case as he has no involvement in the alleged incident. On the date of the alleged occurrence, he had gone to a nearby village for personal reasons, and while returning, he came to know that the incident had taken place. He has been falsely roped in merely because he was seen in the vicinity and due to political rivalry, as he is a supporter of Smt. Soni Banjare, President of Sarangarh Nagar Palika from the Congress Party, whereas the victim belongs to the BJP. The applicant has no role whatsoever in the alleged offence. He is the sole breadwinner of his family and bears the responsibility of his grandmother, mother, wife, and two sisters. The applicant has been in judicial custody since 03.07.2025. He has not been named in the FIR and has been implicated solely on the basis of conjectures and surmises. Nothing has been recovered from the applicant, nor has any self-incriminating statement been recorded from him. The victim has sustained only 3 simple injuries, and this fact was considered by this Hon’ble Court while granting bail to co-accused Omprakash @ Raja Sahu vide order dated 19.08.2025 in MCRC No. 6382 of 2025, a copy of which is annexed herewith as Annexure A-3. The applicant runs a small pan shop and supports his family through his limited earnings, and since his arrest, his family has been facing severe financial hardship and has had to depend on others for daily sustenance. The applicant has no other criminal antecedents except the minor cases mentioned in paragraph 4A of this application, which were petty in nature four under the CG Excise Act and one under the Gambling Act and the proceedings under Sections 107 and 116 of CrPC were initiated under political pressure. All such cases have been disposed of in one the applicant was acquitted, and in the others, only fines were imposed and duly paid, 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 filed before the competent Court and that the applicant has 5 criminal antecedents. He further submits that the present applicant assaulted the injured, resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this 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 upon perusal of the case diary, it is observed that the injuries sustained by 4 the victim are simple in nature, and one co-accused, Omprakash @ Raja Sahu, has already been granted regular bail by this Court vide order dated 19.08.2025 in MCRC No. 6382 of 2025. As the charge- sheet has been filed before the competent Court, the applicant has been in judicial custody since 03.07.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Sanjay Miri, involved in Crime No.318/2025 registered at Police Station Sarangarh District Sarangarh-Bilaigarh (C.G.), for the offences punishable under Sections 109(1) & 310(2) 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav