1 2025:CGHC:52787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7427 of 2025 Yogesh Bind Son Of Tansukha Bind Aged About 20 Years Resident Of Village Nagpura, (Javalpur) Police Station Baloda,district- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Office, Police Of Police Station Baloda, District-Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Vivek Singhal, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 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. 255/2025 registered at Police Station - Baloda District – Janjgir- Champa (C.G.), for the offences punishable under Sections 115(2), 296, 351(2) & 109 BNS 2023. 2. The prosecution story in brief is that, on 25-06-2025, the injured made complaint to the Police Station Baloda stating therein that on 25-06- VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:30 +0530 2 2025 at about 10.30 PM, the present applicant knock the door of house of the complainant and when he opened the door, the applicant abuses filthly languages to the complainant and also assaulted the complainant from the wooden stick, resultantly the complainant received the grievous injuries on his head, right hand, soulder, and also the finger and back side. The complainant admitted to the Community Health Centre Baloda and thereafter he referred to the Janjgir Hospital. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the instant case. The applicant has neither committed nor participated in any act which may amount to any of the offences alleged against him. It is further submitted that the evidence collected by the prosecution is not prima facie sufficient to hold the applicant guilty of the aforesaid offences. The applicant has been falsely implicated in this case due to personal enmity with the complainant. It is also submitted that the injured was admitted to the hospital only for five days, which itself indicates that the injuries were not of a grave nature. The applicant has been in judicial custody since 11.07.2025, and the conclusion of the trial is likely to take considerable time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 11.07.2025, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Yogesh Bind, involved in Crime No. 255/2025 registered at Police Station - Baloda District – Janjgir-Champa (C.G.), for the offences punishable under Sections 115(2), 296, 351(2) & 109 BNS 2023, be released on bail on his 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 4 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 vaibhav