1 2025:CGHC:51504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8237 of 2025 Bheevesh @ Lala S/o Parmeshwar Dubey Aged About 19 Years R/o Kharora, Ward No.14, Shikshak Colony, Police Station Kharora, District -Raipur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kharora, District Raipur C.G. ... Non-Applicant For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15/10/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 374/2025, registered at Police Station – Kharora, District - Raipur (C.G.) for the offence punishable under Sections 332(B) and 109(1) of the Bharatiya Nyay Sanhita, 2023. 2. As per the brief prosecution story, the complainant, Gyaneshwar, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:09:18 +0530 2 lodged an FIR on 01-06-2025. He stated that when his son went to check on a constructed house at night, the present applicant, who is a friend of the victim, came there and attacked the victim with a knife. The assault was allegedly due to an old enmity arising from a dispute during the Holi festival. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the complainant party, along with the injured, had gone to the applicant's house and assaulted the applicant’s father. It is stated that a dispute arose between the parties, on account of which the applicant is alleged to have assaulted the injured with a knife, resulting in injuries to his person and back. It is also submitted that the applicant has no previous criminal antecedents. Furthermore, the charge sheet has already been filed, and the applicant has been in judicial custody since 01.06.2025. As the trial is likely to take a considerable amount of time to conclude, the learned counsel prays for grant of bail. 4. On the other hand, the learned State Counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that, as per the medical report, the injuries sustained by the victim were grievous in nature and dangerous to his life. Therefore, the applicant is not entitled to the grant of bail. 3 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has been in jail since 01.06.2025 and has no previous criminal antecedents, furthermore, the charge-sheet has already been filed and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Bheevesh @ Lala, involved in Crime No. 374/2025, registered at Police Station – Kharora, District - Raipur (C.G.) for the offence punishable under Sections 332(B) and 109(1) of the Bharatiya Nyay Sanhita, 2023, be released on bail on his furnishing a 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. 4 (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 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 his in accordance with law. 5 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 Preeti