1 2025:CGHC:20724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3507 of 2025 Ajay Yadav @ Badku S/o Shri Ganesh Prasad Yadav Aged About 30 Years R/o Milan Chowk, Sanjay Nagar, P.S.- Tikrapara, Distt.- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House Officer (S.H.O.) P.S.- Tikrapara, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Balraj Gupta, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.05.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 61/2025 registered at Police Station Tikrapara, District- Raipur, (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The case of the prosecution, in brief, is that the complainant, Raj Yadav, was standing in front of Bhole Nath Temple at Sanjay Nagar Milan Chowk on 19.01.2025 at around 10:30 PM. At that time, the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 present applicant and another juvenile, both residents of the locality, arrived and began abusing and assaulting him without any provocation. Meanwhile, the complainant’s elder brother, Rakesh Yadav, arrived at the scene to intervene, whereupon another juvenile held him, and Ajay Yadav alias Badku attempted to kill him by stabbing him in the back with a knife. On the basis of the complainant’s report, Crime No. 61/2025 under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita was registered at Police Station Tikrapara against the accused and another juvenile delinquent in conflict with law. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He further submits that during the investigation, the statements of the complainant and the witnesses were recorded, in which they stated that, in haste, it was wrongly mentioned that the present applicant, Ajay Yadav alias Badku, had stabbed the victim. However, the truth is that Ajay Yadav alias Badku had only held the injured person, while another juvenile attempted to kill him by making a fatal attack on his back with a knife. He further submits that police has not seized any said article from the possession of the applicant. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He also submits that the applicant is in jail since 22.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant and another juvenile, have assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.01.2025, the fact that during the investigation, the statements of the complainant and the witnesses were recorded, in which they stated that, in haste, it was wrongly mentioned that the present applicant, Ajay Yadav alias Badku, had stabbed the victim, however, the truth is that Ajay Yadav alias Badku had only held the injured person, while another juvenile attempted to kill him by making a fatal attack on his back with a knife, further the fact that the injured person was received injuries simple in nature nor any in a grievous nature, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let Applicant- Ajay Yadav @ Badku, involved in Crime No. 61/2025 registered at Police Station Tikrapara, District- Raipur, 4 (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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. (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 5 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 Rahul Dewangan