1 2025:CGHC:51376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8212 of 2025 Klesh @ Anna Patre S/o Pamendra Patre Aged About 20 Years R/o Near Hemant Kirana Stores, Ward No.40, Indira Colony, Udiya Basti Potiya Road, Durg, Police Station Padmanabhpur, District : Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Durg, District : Durg, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Jitendra Gupta, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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. 658/2024 registered at Police Station Durg, District : Durg (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 351(2), 115(2), 109, 3(5) fo BNS and 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that complainant, namely Gokul Nishad, lodged a report at Police Station Durg stating that on 27.01.2024 at about 8:30 PM, he received a phone call from his brother. His brother informed him that his friends, namely Akku, Gogo, Akash and other accused persons, were near Hanuman Mandir, where they abused him in filthy language and assaulted him on his stomach, back side and other parts of the body, causing bleeding injuries. Upon receiving the said call, the complainant immediately reached the spot and shifted his brother to the hospital for treatment. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the applicant allegedly caused injury to the injured with button knife, but in MLC Report nature of injury has not been mentioned and as per X-Ray report, no internal damage has been caused to the injured. So far as the status of trial is concerned, charges have been framed on 02.05.2025 and prosecution witnesses are yet to be examined. He also submits that identically situated co-accused, namely, Sourav @ Gogo Yadav has already already been granted bail by this Court vide order dated 09.07.2025 in MCRC No.5316 of 2025. The applicant is in jail since 29.12.2024, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 3 bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant, along with co- accused Akku, Gogo and Akash, allegedly assaulted the complainant’s brother, due to which, the injured sustained injuries on his person and as per Query Report, the injuries are found to be grievous and dangerous to life, further applicant has one criminal antecedent, therefore, the applicant is not entitled for grant of 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 offence, period of detention of the applicant since 29.12.2024, the fact that applicant alongwith other co- accused persons allegedly assaulted the complainant’s brother, with button knife, due to which, the injured sustained injuries on his person, though as per Query Report, the injuries are found to be grievous and dangerous to life, but in MLC Report nature of injury has not been mentioned and as per X-Ray report, no internal damage has been caused to the injured. So far as the status of trial is concerned, it is stated that charges have been framed on 02.05.2025 and prosecution witnesses are yet to be examined, also considering the fact that co-accused, namely, Sourav @ Gogo Yadav has already already been granted bail by this Court vide order dated 09.07.2025 in MCRC No.5316 of 2025, further charge- sheet has been filed in the present case, this Court is of the view 4 that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Klesh @ Anna Patre, involved in Crime No. 658/2024 registered at Police Station Durg, District : Durg (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109, 3(5) fo BNS and 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 5 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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. 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 Akhil