1 2025:CGHC:49787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7873 of 2025 Shankar Baghel S/o Kanhaiya Baghel Aged About 27 Years R/o Ward No. 20, Bajrang Chowk Tilda, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Tilda Newra, District- Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate For Non-applicant/State(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 152/2025 registered at Police Station Tilda-Newra, District- Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5), 324(4) of BNS and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 20.04.2025, the complainant had come to the house of Sukhram Yadav, resident of village Tilda, to attend the wedding ceremony (baraat) of Prahlad KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Yadav, son of Banshi Yadav of village Kuthrel, who is a relative of the complainant. At about 10:45 p.m., after having dinner, when the complainant was about to sit in the vehicle bearing registration number CG 04 NM 4299, which had come with the wedding party, three to four unknown persons also boarded the vehicle and while abusing in filthy language under the pretext of being members of the wedding party, started assaulting the complainant with fists, kicks, and a belt. When the complainant objected, one of the said persons assaulted him on the right side of his back with a sharp-edged weapon. When Netram Banjare, the driver of the said vehicle, tried to intervene, they also assaulted him with fists and a sharp weapon and threatened to kill him, after which they fled from the spot. Due to the assault, the complainant sustained injuries on the lower right side of his back and on his face, while Netram Banjare received injuries on his nose and below his left eye. Based on the complainant’s report, a First Information Report (FIR) was registered, and investigation was taken up. During investigation, upon making inquiries to trace the accused persons, suspects Shankar Baghel, Durgesh Nishad, and Bhupendra Soni were interrogated. In their statements, they admitted that along with their associate Ayush alias Khilesh Verma, they had forcibly entered the vehicle (D.I.) with the wedding party and assaulted the complainant and the driver with fists and a belt. Further, the applicant/accused Shankar Baghel stated that he had assaulted one of the persons sitting at the back of the D.I. vehicle on his back with a sharp, pointed button-operated knife. On the basis 3 of the memorandum statement of the applicant/accused Shankar Baghel, one iron button-operated knife used in the commission of the offence was seized from his possession. After completion of the entire investigation, a charge-sheet was filed against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the allegation against the applicant is that he assaulted the injured persons with a knife, whereas the co-accused assaulted the injured with a belt, due to which the injured persons sustained injuries. However, as per the medical report of the two injured persons, no stab injury has been found. He further submits that the co-accused persons, namely Durgesh Nishad and Bhupendra Soni, have already been granted bail by this Court in MCRC No. 4189/2025, vide order dated 13.08.2025. The applicant has been in judicial custody since 22.04.2025, and the charge- sheet in the present case has already been filed before the competent Court. As the conclusion of the trial is likely to take considerable time, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of bail and submits that in the present case, charge-sheet has been filed before the competent Court and the applicant has some criminal antecedents, which have been duly explained in paragraph No. 4(A) of the bail application. He further submits that the present applicant assaulted the injured person with a knife, whereas the co- accused, who have been granted bail by this Court, caused injuries 4 to the injured only with a belt. Moreover, a knife has been recovered from the possession of the present applicant. Hence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and the fact that the allegation against the applicant is that he assaulted the injured persons with a knife, whereas the co-accused assaulted the injured with a belt, due to which the injured persons sustained injuries. However, as per the medical report of the two injured persons, no stab injury has been found and further considering the fact that the co-accused persons, namely Durgesh Nishad and Bhupendra Soni, have already been granted bail by this Court in MCRC No. 4189/2025, vide order dated 13.08.2025 and the applicant has been in custody since 22.04.2025 and the conclusion of the trial is likely to take some time, hence, I am inclined to grant bail to the applicant. 7. Let the applicant, Shankar Baghel, involved in Crime No. 152/2025 registered at Police Station Tilda-Newra, District- Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5), 324(4) of BNS and Section 25 and 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 5 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 Kunal