1 2025:CGHC:4466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 707 of 2025 Deviram Korram S/o Shri Mahesh Kumar Aged About 20 Years R/o Bakhrupara, Distt.- Narayanpur (C.G.) ... Applicant versus State of Chhattisgarh Through SHO, Police Station- Narayanpur, District- Narayanpur (C.G.) ... Non-applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector/Complainant : Mr. Rakesh Kumar Manikpuri, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 119/2024 registered at Police Station Narayanpur, District- Narayanpur (C.G.) for the offence under Sections 296, 115(2), 109 of Bharitya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief is that on 29.10.2024, the applicant met the injured, Rameshwar Netam, at Garanji Market. During their discussion, the applicant began hurling abuses at the injured, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.25 14:09:09 +0530 2 prompting the injured to leave for Shanti Nagar Ground. It is further alleged that at Shanti Nagar Ground, the injured was sitting with his two friends, Ravindra Netam and Ramesh Kadiyam. The applicant called the injured, and the injured asked the applicant to come to Shanti Nagar. At around 7:30 PM, the applicant arrived at Shanti Nagar Ground with his two friends, Kishan Potai and Anand Usendi. Upon arrival, the applicant questioned the injured about why he had called him. Following an argument over an old dispute, the applicant started abusing the injured and assaulted him with his hands and fists. Subsequently, with the intent to commit murder, the applicant attacked the injured with a knife, stabbing him in the chest. Based on these allegations, the police registered an offence under Sections 296, 115(2), 109 of Bharitya Nyay Sanhita, 2023 against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no material evidence available against the applicant, which connects him in commission of crime. He further submits that the present applicant has been implicated in the instant case, because of old dispute with the injured and otherwise also, the injured has sustained simple injury which was not dangerous to life, the applicant had no intention to commit murder of the victim as there was no dispute between them. He further submits that the matter has been compromised between the applicant and injured because of the applicant and the injured are friends, he had sworn afÏdavit before the learned trial Court and has pleaded no objection 3 in grant of bail to the applicant. He further submits that the applicant is in jail since 26.11.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has 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. Learned counsel for the complainant/objector has raised no objection as the matter has been compromised between the applicant and injured/complainant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that though the the present applicant has 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, but the matter has been compromised between the applicant and injured because of the applicant and the injured are friends, he had sworn afÏdavit before the learned trial Court and has pleaded no objection in grant of bail to the applicant, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 4 8. Let the Applicant – Deviram Korram, involved in Crime No. 119/2024 registered at Police Station Narayanpur, District- Narayanpur (C.G.) for the offence under Sections 296, 115(2), 109 of Bharitya Nyay Sanhita, 2023, be released on bail on his furnishing 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 sufÏcient 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 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. OfÏce 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 Rahul Dewangan