1 2025:CGHC:51883 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8393 of 2025 • Golu Ragde Urf Mahesh S/o Lt. Ramesh Ragde Aged About 32 Years Jai Kali Chowk, Sarthipara Behind Sulabh Thana Azad Chowk, Dist- Raipur Chhattisgarh. ...Applicant versus • State of Chhattisgarh Through- Police Station Azad Chowk, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aakash Ahuja, Advocate For Respondent/State : Ms. Supriya Upasne, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 88/2025, registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the applicant was assaulted with a knife by the accused Golu and Rupesh Nayak, in which it has been VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.17 16:08:12 +0530 2 clearly stated that at the time of the incident, Golu had caught the applicant from behind and Rupesh had attacked him with a knife several times. Thereafter the FIR was lodged against the present applicant and other co-accused persons. The arrest is totally illegal hence the application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and applicant has only caught hold the injured from behind and other co- accused namely Rupesh Nayak attacked him with a knife several times, as a result injured has suffered multipal incised wound on her body, out of which three incised wound were found on right side of his chest and injuries sustained by the injured are grievous in nature. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.04.2025 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 it transpires from the records that on the date of incident applicant has caught hold the injured from behind and other co-accused namely Rupesh Nayak attacked the injured with a knife several times, as a result injured has sustained multipal incised wound, out of which three incised wound were found on the right side of his chest and injuries sustained by the injured are grievous in nature and dangerous to life and there are 11 criminal antecedents registered against the present applicant between the year 2009 to 2018, therefore, he is not entitled for grant of bail. 3 5. 3 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, submissions made by learned counsel for the parties, nature and gravity of allegation levelled against the applicant that applicant has only caught hold the injured from behind and other co-accused namely Rupesh Nayak attacked the injured with a knife, charge-sheet has been filed against the applicant, the applicant is in jail since 10.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Golu Ragde, involved in Crime No.88/2025, registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(1) of the Bharatiya Nyaya Sanhita, 2023 (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 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 4 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. 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 vaishali