1 2025:CGHC:55179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7988 of 2025 Shiva Chouhan S/o Dashrath Chouhan Aged About 24 Years R/o Harijan Mohalla, Tilga, Tahsil And District Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradharnagar, District Raigarh C.G. ... Respondent For Applicant : Shri Jitendra Shukla, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/11/2025 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.262/2023 registered at Police Station Chakradharnagar, District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.13 16:00:37 +0530 2 115(2), 118(1), 118(2), 109(1), 191(2), 193(3) & 190 of Bhartiya Nayaya Sanhita and Section 25 & 27 of Arms Act (As per charge sheet). 2. Case of the prosecution, in brief, is that on 14-06-2025 at about 5.00 PM, the complainant went to Village Tarpali with his nephew Som Nath and Shailesh Sarthi in his vehicle and when they were returning from the Tarpali and reached at Vijaypur Pond at about 6.00 PM, three persons have came near the vehicle and stopped the vehicle of the complainant and abuses them in filthy languages and when they oppose, the accused persons have assaulted the complainant and his companion. Thereafter 10-12 accused persons also came there and assaulted the complainant from Chuda, bricks and also from the stone. Therefore the crime has been registered and arrested the accused persons and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submitted that the name of the applicant has come into light in the memorandum statement of the co- accused and no recovery of any incriminating article has been made from the possession of the applicant. He would submit that the applicant has four criminal antecedents, out of which in two cases he has been acquitted and two cases are pending. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has four criminal antecedents, out of which, in two cases he has been acquitted and two 3 cases are pending. 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 of allegation levelled against the applicant, further the fact that name of the applicant has come into light in the memorandum statement of the co-accused, period of detention of the applicant since 30/08/2025, charge sheet has been filed, case of the applicant is distinguishable from the case of the co-accused who have assaulted the injured persons and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shiva Chouhan, involved in Crime No.262/2023 registered at Police Station Chakradharnagar, District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 109(1), 191(2), 193(3) & 190 of Bhartiya Nayaya Sanhita and Section 25 & 27 of Arms Act, 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 law. (ii) The applicant shall remain present before the trial court on 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri