1 2025:CGHC:49840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6644 of 2025 Charu Sharma S/o Gopal Sharma Aged About 30 Years R/o Phuljhariyapara Sarngarh, P.S. City Kotwali, Sarangarh, Tahsil Sarangarh, District- Sarangarh- Bilaigarh Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- P.S. City Kotwali, Sarangarh, District- Sarangarh- Bilaigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Mayank Chandrakar, 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 a written complaint was made by the complainant namely Amitesh Kesharwani by stating that on the date of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 12:58:28 +0530 2 incident i.e. 02.07.2025 at about 9:00 PM his brother Mayuresh Keshawani was inside his shop which is situated at Raigarh road then the present applicant along with other co-accused persons including husband of the Soni Banjare who is presently holding the post of President, Nagar Palika Sarangarh have with premeditated mind assaulted Mayuresh Keshrwani and have looted cash and gold chain. That after receiving the complaint concerning police registered case against present applicant as well as other co-accused persons for the offences U/S. 109(1) & 310(2) of BNS and after arresting them investigation is going on. Hence this bail application. 3. The applicant submits that he is innocent and has not committed any offence, and that the prosecution has falsely and maliciously implicated him in the present case. The ingredients of the offences under Sections 109(1) and 310(2) of the B.N.S. are entirely missing in the instant case, as the applicant was neither present at the spot nor involved in any manner. The complaint appears to be politically motivated, as the applicant is closely associated with the President of Nagar Palika, Sarangarh, Soni Banjare, and similar false cases have been lodged against the applicant by rival political parties in the past, none of which resulted in conviction. Even if the prosecution story is accepted in entirety, the offences of attempt to murder and dacoity are not made out, as the alleged victims did not sustain grievous injuries, and no valuables, such as a gold chain, were recovered from the applicant. The learned trial court has failed to appreciate these facts and the political context of the complaint. The applicant has been in judicial custody since 03.07.2025, and considering the likely long duration of the trial, he is entitled to be released on bail. The applicant 3 is a permanent resident of the address mentioned in the cause title, and there is no likelihood of absconding, 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 10 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 the injured are simple in nature. The charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 03.07.2025 and that 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 – Charu Sharma, 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 4 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 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