1 2025:CGHC:50841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8113 of 2025 1 - Adil Ahmad S/o Shri Samim Ahmad Aged About 23 Years R/o Nehru Nagar, Chadani Chowk, Thana Kotwali, Raipur, District - Raipur (C.G.) 2 - Mohammad Shahdab @ Saddu S/o Shri Mohammad Ayaz Khan Aged About 28 Years R/o Nurani Chowk Near B.P. Pujari School, Rajatalaba P.S. Civil Lines, Raipur, District - Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through P.S. Civil Lines, District – Raipur (C.G.) ---- Non-applicants For Applicants : Mr. Pragalbha Sharma, Advocate. For Non-applicants/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.10.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 280/2025, registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(2), 351(2), 126(2), 61, 62, 140 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that an FIR was lodged on 19.06.2025 by one Pallav Sahu, against two unknown riders of Active bearing RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 registration No. CG-04-MD-7842, alleging that when he was returning home in his car at about 2:45 PM near Burger King Shankar Nagar, two unknown riders approached to his vehicle and started shouting at him and made him stop his vehicle and started assaulting him with hard and blunt object due to which he had sustained injuries over knees and hands. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been filed in this case. The applicants along with the co-accused, are said to have assaulted the injured with iron rod due to which he has sustained injuries on his hands and knee, which are non- vital part of the body and as per the MLC report, no grievous nature of injury and any internal damage has been found on the body of the injured. The applicants are in jail since 29.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. It is further submitted that the applicants along with the co- accused persons are said to have assaulted the injured due to which he has sustained some injuries on his hands and over knees, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicants and the fact that charge-sheet has been filed against the applicants, further the applicants along with the co-accused, are said to have assaulted the injured with iron rod due to which he has sustained injuries on his hands and knee, which are non-vital part of the body and as per the MLC report, no grievous nature of injury and any internal damage has been found on the body of the injured, the applicants are in jail since 29.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Adil Ahmad and Mohammad Shahdab @ Saddu, involved in Crime No. 280/2025, registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 281, 296, 115(2), 351(2), 126(2), 61, 62, 140 read with Section 3(5) of the BNS, 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 applicants 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 applicants 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 applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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. 4 (iv) The applicants 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 applicants 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar