1 2025:CGHC:50598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8018 of 2025 Banti Nayak S/o Late Shri Budhram Nayak Aged About 37 Years R/o Village- Udiya Colony, Shankarpur, Ward No.07,out Post- Chikhali, Rajnandgaon, District- Rajnandgaon (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through- The Station House Officer, Police Of Police Out Post Chikhali, Police Station - Kotwali Rajnandgaon, Distt- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. 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. 371/2025 registered at Police Station Out Post Chikhali, Police Station - Kotwali Rajnandgaon, Distt- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Rajnandgaon (C.G.) for the offence punishable under Sections 126(2), 119(2), 296, 115(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 17.07.2025 at about 10:30 a.m., the complainant went to Motipur cloth press shop on his bicycle from his house situated at village Bajrangpur Nayagaon to get his clothes pressed. At about 11:00 am., while returning home from Motipur, near Motipur pond, accused persons namely Shankar Nayak and Bunty Nayak of village Shankarpur along with two other co-accused intercepted him. Shankar Nayak and Bunty Nayak caught hold of his bicycle and demanded money from him for consuming liquor. When the applicant stated that he had no money. all four accused persons assaulted and abused him and also threatened to kill him. Somehow, the complainant managed to escape, saved his life, and went home, where he narrated the incident to his wife. Due to the assault, he sustained injuries on his chest and back. As he was terrified, he initially did not lodge the report. However, on the persuasion of his wife, on 19.07.2025, he went along with her to Police Outpost Chikhali, Police Station Kotwali, Rajnandgaon, and lodged the report. During the course of investigation, the complainant/injured was medically examined and the doctor opined that visible injuries were present on his body. On the basis of the said report, the crime scene was inspected, a site map was prepared, and statements of the complainant/injured and other witnesses were recorded. The accused persons were thereafter arrested, and upon completion of investigation, charge- 3 sheet has been filed against them. 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 the identically situated co- accused, namely, Shankar Nayak has already been granted regular bail by this Court vide order dated 22.09.2025 in MCRC No. 7615 of 2025, copy of the same annexed as Annexure A/5. The applicant is in jail since 20.07.2025, the applicant has 16 criminal antecedents, out of which, fourteen are of preventive nature, one is under CG Excise Act and one is under IPC, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. He further submits that on 17.07.2025 at about 11:00 A.M., near Motipur pond, the applicant along with co-accused persons wrongfully intercepted the complainant, demanded money from him for consuming liquor, and upon his refusal, all of them assaulted, abused, and threatened to kill him, causing injuries on his chest and back, further applicant has 16 criminal antecedents, out of which, fourteen are of preventive nature, one is under CG Excise Act and one is under IPC, 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. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 20.07.2025, the fact that though the applicant along with co- accused persons wrongfully intercepted the complainant, demanded money from him for consuming liquor, and upon his refusal, all of them assaulted, abused, and threatened to kill him, causing injuries on his chest and back, but considering the fact that co-accused, namely, Shankar Nayak has already been granted regular bail by this Court vide order dated 22.09.2025 in MCRC No. 7615 of 2025, also considering the criminal antecedents of the applicant and the fact that charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Banti Nayak, involved in Crime No. 371/2025 registered at Police Station Out Post Chikhali, Police Station - Kotwali Rajnandgaon, Distt- Rajnandgaon (C.G.) for the offence punishable under Sections 126(2), 119(2), 296, 115(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 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 5 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 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 Akhil