1 2025:CGHC:55174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8035 of 2025 • Ashish Chelak @ Ashu Chelak S/o Jeevan Chelak Aged About 19 Years R/o Suraj Nagar, Labhandi, B.S. U.P. Colony, Block- No.08, House No.32, Telibandha, Raipur, District- Raipur (C.G.) ...Applicant versus • State of Chhattisgarh Through- The Station House Officer, Police Station, Telibandha, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State : Mr. Bharat Gulbani, 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. 401/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 03/07/2025 at about 11:30 PM, when the complainant namely Shekhar Yadav was visiting at VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.13 18:45:48 +0530 2 Suraj Nagar, Labhandi, Raipur after taking the dinner, then the present accused/applicant along with other accused persons come near the incident place used the filthy language against the complainant as well as abused him. Further, it is alleged by the complainant that the present accused/applicant along with other accused persons have assaulted the complainant by way of hand & fist along with some Sharpe weapon and threatened to him. In result of this incident, the complainant Shekhar Yadav sustained injuries, thereafter, the present accused/applicant along with other accused persons have run away from the spot. Thereafter, FIR has been lodged against the present applicant. 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 on account of previous enmity there was some quarrel took place between the complainant and other co-accused person, as a result applicant along with co-accused persons assaulted the injured by hand and fist, due to which the injured sustained injuries over his body. He further Submits that there is total eight criminal antecedents registered against the present applicant from the year 2020 to 2025, some cases are pending and one case registered under the POCSO Act is disposed of by the learned Court below. It is further submitted that two co-accused persons have already been granted bail by learned Court below and the charge-sheet has been filed in this case. The applicant is in jail since 13.08.2025 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 total eight criminal antecedents registered against the present applicant from the year 2020 to 2025, some cases are pending and one case registered under the POCSO Act is disposed of by the learned Court below, it appears that applicant is a habitual offender, therefore he is not entitled for grant of regular bail. 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, submissions made by learned counsel for the parties, two co-accused have already been enlarged on bail by learned Court below, applicant is in jail since 13.08.2025 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. Let applicant, Ashish Chelak @ Ashu Chelak involved in Crime No.401/2025, registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 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, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (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