1 2025:CGHC:50731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6350 of 2025 Chandan Utkel S/o Late Kanhiya Utkel Aged About 31 Years R/o Station Para, Ward No. 12, Rajnandgaon, District - Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO, Police Station Bhilai Nagar District - Durg (C.G.) ... Respondent For Applicant : Shri Avinash Chand Sahu, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For objector : Shri Kashish Saluja, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.347/2025 registered at Police Station Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109 of BNS 2023 (Corresponding Section 294, 323, 506, 307 IPC) and GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.13 11:02:22 +0530 2 Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant Suresh Sethi has lodged a report in the police station Bhilai Nagar, that on 13.07.2025, his nephew's death ceremony rituals was held in which present applicant is son-in-law of Seenu Kandra, had also come and left after eating food, on 14-07-2025 in the morning, he was sitting with his family members in the courtyard of his maternal uncle Seenu Kandra's house and discussing, at around 11:00 am, present applicant who is son-in-law of his maternal uncle Seenu Kandra, came in a drunken state after drinking alcohol and started arguing, saying that you people have not taken care of me properly, I am the son-in-law of this house, his maternal uncle Murti stopped him from arguing, and started abusing and threatened to kill and with the intention of killing, he stabbed his maternal uncle Murti in the stomach with a sharp knife he had with him, due to which his stomach got injured and started bleeding, then Arjun alias Batta went to catch present applicant, then present applicant again, with the intention of killing Murthy, he tried to stab him with a knife. When Arjun tried to defend himself, it hit his hand and his hand also started bleeding. Based on the complainant's report, the police registered an offense under Crime No. 347/2025, punishable under Sections 296, 115(2), 351(3), 109 of BNS 2023 (Correspondence Section 294, 323, 506, 307 IPC) and 25, 27 Arms Act, against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case and no any weapon is recovered from possession of present applicant. He would submit that 3 on the date of incident all the parties were in drunken position therefore the incident happened and a quarrel took place between the parties and suddenly the applicant caused the injuries to the complainants. He would submit that the injury sustained by assault of present applicant is simple in nature. He would submit that applicant and complainants are son-in-law and uncle-in-law in relation and they have no any previous enmity between each other and now they have settled their dispute and the complainants does not want to continue the case. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the objector do not oppose the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the fact that injury sustained by the injured are simple in nature, period of detention of the applicant since 14/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the 4 Applicant- Chandan Utkel, involved in Crime No.347/2025 registered at Police Station Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109 of BNS, 2023 (Corresponding Section 294, 323, 506, 307 IPC) and Section 25, 27 of Arms Act, 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. (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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri