1 2025:CGHC:5304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 796 of 2025 Madhu Korram S/o Charan Singh Aged About 27 Years Caste Gond, R/o Village Hariharpur, Post and P.S. Udaypur, District - Surguja (C.G.) ... Applicant versus The State of Chhattisgarh Through S.H.O. Police Station Udaypur, District Surguja, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aman Kesharwani, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/01/2025 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. 206/2024, registered at Police Station - Udaypur, District - Surguja (C.G.) for the offence punishable under Sections 109, 238 of Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 5 of Tonhi Pratarna Adhiniyam. 2 The case of the prosecution, in brief, is that on 15.09.2024 at about 4 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 18:52:42 +0530 2 pm when the victim Laxmaniyabai had gone to the forest to graze the buffalo, while she was returning to the home then, the accused Madhu Korram beat into the head, shoulder and neck of the victim by means of axe, therefore, the FIR has been arrested. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the complainant was creating nuisance in front of the house of the applicants upon which resisted and scuffle took place between the parties and victim fell down in which the victim sustained some simple injuries, further the applicant have been falsely implicated in this case due to previous animosity of the parties and both are residing in same area. He further submitted that the charge-sheet has been filed and the applicant is in jail since 16.09.2024 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 opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that the applicant is said to have assaulted the injured with axe due to which the injured sustained injuries which are of the grievous in nature. Therefore, she is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 and the fact that the applicant has no previous criminal antecedents, the 3 charge-sheet has been filed and she is in jail since 16.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Madhu Korram, involved in Crime No. 206/2024, registered at Police Station - Udaypur, District - Surguja (C.G.) for the offence punishable under Sections 109, 238 of Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 5 of Tonhi Pratarna Adhiniyam, 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 4 shall initiate proceedings against her, 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 her in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. 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 Preeti