1 2025:CGHC:55175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8028 of 2025 • Ajay Lahre S/o Ankalha Lahre Aged About 26 Years R/o Village Dilippur, Police Station And Tahsil Khairagarh, District- Khairagarh - Chhuikhadan - Gandai Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The District Magistrate Khairagarh, Chhuikhadan Gandai District- K.C.G. (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Pandey, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.11.2025 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. 318/2025, registered at Police Station – Khairagarh, District – K.C.G. (C.G.) for the offence punishable under Sections 109 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 01.07.2025, the complainant/Laxmi Prasad Gayakwad lodged a written complaint with the Police Station stating that he went to Jain Tondon's shop to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 18:45:49 +0530 2 buy Gutkha, where he overheard that near the Durga Manch, the present applicant, along with the co-accused Sanjay Lahre, is assaulting his father Sunil Gayakwad. He went to Durga Manch and saw the accused persons assaulting his father due to previous enmity, and his mother, Sant Bai, was intervening in the scuffle. During the course of Maarpeet, the co-accused Sanjay Lahre assaulted the injured Sunil Gayakwad using the iron axe on his head four times, due to which the injured sustained injuries on his head above both ears, forehead, and on the left hand's finger. Further, the mother of the complainant, Sant Bai, sustained injuries to her head while intervening in the scuffle. On the basis of the aforesaid, an FIR was registered for the offence punishable under Section 109(1) read with 3(5) of BNS. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and the allegation levelled against the present applicant is that he alongwith co-accused namely Sanjay Lahre assaulted the injured and his family members due to some previous enmity. He further submits that in the present case main allegation levelled against the co- accused Sanjay Lahre, who assaulted the injured Sunil Gayakwad by using the iron axe on his head, due to which the injured sustained injuries over his head and other body parts. He further Submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 02.07.2025 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 3 application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submits that present applicant alongwith co-accused namely Sanjay Lahre assaulted the injured and his family members due to some previous enmity, as a result injured sustained grievous injuries on his head. 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 and gravity of allegation levelled against the applicant and the fact that main allegation levelled against the co-accused Sanjay Lahre, who assaulted the the injured Sunil Gayakwad by using the iron axe on his head, due to which the injured sustained injuries over his head and other body parts, the case of the present applicant is totally distinguished from the co-accused Sanjay Lahre, applicant is in jail since 02.07.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Ajay Lahre, involved in Crime No.318/2025, registered at Police Station – Khairagarh, District – K.C.G. (C.G.) for the offence punishable under Sections 109 read with 3(5) 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, 4 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 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