1 2025:CGHC:42704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6661 of 2025 Lachhan Rai S/o Late Pargania Rai, Aged About 60 Years R/o Village Dargaon, Dhamdha, Dist. Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Dhamdha, Dist. Durg ... Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.49/2025 registered at Police Station – Dhamdha, District - Durg (C.G.), for the offences punishable under Sections 109 of the BNS, 2023. 2. The prosecution case, in brief, is that complainant and his family has borrowed the money from the applicant and as alleged that on dated 24.04.2025 the applicant has demanded the said money and abused VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 15:07:10 +0530 2 the complainants family, for which the complainant was coming to home of the applicant and in the way near the house of the applicant both complainant and applicant meet, where the it is alleged that the applicant again abused the complainant and assaulted the complainant, for which the offences under the aforesaid sections has been registered against the applicant. 3. The applicant submits the applicant is innocent and has been falsely implicated in the instant case, he has not committed any offence, and the complainant, in order to evade repayment of a loan, has lodged a false complaint. On the alleged date of incident, the complainant, who had consumed alcohol, abused the applicant and his family, and the alleged injuries sustained by the complainant are simple in nature and not sufficient to attract offences under Section 109 or any provisions of the BNS. The applicant is an old-aged person, has no previous criminal record, and has clean antecedents. He is a permanent resident of the address mentioned in the cause title, thus eliminating any possibility of his absconding or fleeing from justice. The applicant is ready and willing to furnish adequate security and undertakes to abide by all conditions and directions as may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it appears that 3 the complainant had taken some money from the applicant, and when the same was demanded by the applicant, a quarrel took place. Thereafter, it is alleged that the applicant being in a drunken state, came to the house of the complainant, abused him, and committed marpeet, and it is further alleged that the applicant assaulted the complainant with an axe, causing two chop wounds. However, the sonograpy report does not reveal any abnormality. It is also relevant that the applicant is aged about 60 years and has been in custody since 03.07.2025 and conclusion of the trial is likely to take some time. In view of the aforesaid facts, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Lachhan Rai, involved in Crime No.49/2025 registered at Police Station – Dhamdha, District - Durg (C.G.), for the offences punishable under Sections 109 of the BNS, 2023., be released on bail on furnishing personal bond with two local 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 his 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav