1 2025:CGHC:57296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9554 of 2025 1 - Rohit S/o Santosh Yadav Aged About 25 Years R/o Village Chiyandand, P.S. Kukdur, Distt. Kabirdham, Chhattisgarh. 2 - Vishnu Yadav S/o Santosh Yadav Aged About 28 Years R/o Village Chhirpani, P.S. Kukdur, Distt. Kabirdham, Chhattisgarh. 3 - Rajesh S/o Mahangu Baiga Aged About 24 Years R/o Village Chiyandand, P.S. Kukdur, Distt. Kabirdham, Chhattisgarh. 4 - Santosh Yadav S/o Ramprasad Aged About 50 Years R/o Village Chhirpani, P.S. Kukdur, Distt. Kabirdham, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Kukdur, Distt. Kabirdham, Chhattisgarh. ... Respondent For Applicants : Shri Dharmesh Srivastava, Advocate. For Respondent/State : Shri Soumya Rai, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.26 11:01:00 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/11/2025 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 applicants who have been arrested in connection with Crime No.80/2025 registered at Police Station Kukdur, District - Kabirdham (C.G.) for the offence punishable under Sections 296, 351(3), 115(2) in alternate 115(2)/3(5), 109(1) in alternate 191(1)/3(5) of Bharatiya Nyaya Sanhita, 2023 (correspondent sections 294, 506 Part-II, 323, 307, 34 of Indian Penal Code, 1860). 2. Case of the prosecution, in brief, is that the complainant, Raja Rabbari, who was camping in Village Jhoomar for grazing his sheep and goats, lodged a report on 02.07.2025 alleging that while returning from Police Station Kukdur, he was assaulted near Village Chhuiya by four persons. They allegedly abused him, accused him of allowing his animals to graze on their fodder, and assaulted him with sticks, clubs, and an axe, causing head injuries. When his nephew Lakshman arrived to help, he too was beaten. On this report, Crime No. 80/2025 was registered under Sections 115(2), 118(1), 296, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. After investigation and filing of the charge-sheet, the case is pending as Sessions Case No. 68/2025 before the Principal District and Sessions Judge, Kabirdham. 3. Learned counsel for the applicants submitted that the applicants are said to have assaulted the injured with blunt object and sabbal and it is 3 stated that there were two injured who has suffered injuries, one of injured namely Laxman Rabbari received simple injury whereas other injured Raja Rabbari has suffered grievous injuries on his head. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 11/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that as per the report of the CT scan there was no internal damage caused to the injured. He would submit that applicant No.1 Rohit has one criminal antecedent of the year 2018 whereas the applicants No.2, 3 and 4 have no criminal antecedents. 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 of allegation levelled against the applicants, further the fact that as per the report of the CT scan there was no internal damage caused to the injured, applicant No.1 Rohit has one criminal antecedent of the year 2018 which is old and stale whereas the applicants No.2, 3 and 4 have no criminal antecedents, period of detention of the applicants since 11/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the 4 Applicants- Rohit, Vishnu Yadav, Rajesh & Santosh Yadav, involved in Crime No.80/2025 registered at Police Station Kukdur, District - Kabirdham (C.G.) for the offence punishable under Sections 296, 351(3), 115(2) in alternate 115(2)/3(5), 109(1) in alternate 191(1)/3(5) of Bharatiya Nyaya Sanhita, 2023 (correspondent sections 294, 506 Part-II, 323, 307, 34 of Indian Penal Code, 1860), be released on bail on each of them 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 they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the 5 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 are 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 them in accordance with law. 8. 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 gouri