1 2025:CGHC:51946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8436 of 2025 Dushyant @ Sonu Chandrakar S/o Santosh Chandrakar Aged About 25 Years R/o Village Bhothali P.S. Kurud, District- Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Kurud District- Dhamtari (C.G.) ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.10.2025 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 12.09.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. 2 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.212/2025, registered at Police Station Kurud District- Dhamtari (C.G), for the offences punishable under Section 309(3) and 3(5) of BNS. 4. The case of the prosecution, in brief, is that the complainant lodged a written complaint stating that on 22.08.2025 at around 10:50 AM, the co-accused Anank Chandrakar, along with other accused persons, asked the complainant to sit in his car under the pretext of discussing something. Thereafter, near Ram Town Charra Road, Kurud, the accused allegedly assaulted the complainant using abusive language and looted Rs. 15,000/-. Based on this complaint, the police registered a case against the present applicants as well as the other co-accused persons. Following their arrest and completion of investigation, the police filed a charge sheet before the jurisdictional Magistrate. Hence, the present bail application. 5. The learned counsel for the State opposes the bail application and submits that charge-sheet has been filed in the present case and identically situated co-accused, namely, Churaman @ Nairo Deewan and Anank @ Mehul @ Mithul Chandrakar have already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.8258 of 2025, so far as the criminal antecedent of the 3 applicant is concerned, applicant has one criminal antecedent of the year 2025 under the Arms Act. 6. I have perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, further considering the fact that two of the identically situated co- accused, persons, namely, Churaman @ Nairo Deewan and Anank @ Mehul @ Mithul Chandrakar have already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.8258 of 2025, so far as criminal antecedent of the applicant is concerned, he has only one criminal antecedent, which is of the year 2025 under the Arms Act, further charge-sheet has been filed and he is in jail since 12.09.2025, the conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Dushyant @ Sonu Chandrakar, involved in Crime No.212/2025, registered at Police Station Kurud District- Dhamtari (C.G), for the offences punishable under Section 309(3) and 3(5) of 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 4 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. 9. Registrar (Judicial) is directed to send a certified copy of this order to the trial Court concerned for communicating the same to the applicant where he is confined, today itself. Sd/- (Ramesh Sinha) Chief Justice Akhil