1 2025:CGHC:52754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8580 of 2025 Bhanju Ram Yadav S/o Siyaram Yadav Aged About 25 Years R/o Village Bagbuda Thana Bango, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Bango, District – Korba (C.G.) ---- Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubejta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 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. 94/2025, registered at Police Station – Bango, District – Korba (C.G.) for the o昀昀ence punishable under Sections 191(2), 191(3), 190, 221, 296, 121(1), 132 and 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a theft of cash amount nad house articles were made from the house of one Rajesh Soni due to which Police personnel went to the house of suspected person namely Bhaju Yadav (applicant) and asked details of his family members thereafter the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 family members of the applicant got angry and assaulted the Police personnel, due to which the Police personnel sustained injuries. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedent registered against the present applicant. It is further submitted that the charge-sheet has been 昀椀led in this case. It is submitted that there are a total of 7 accused person including the applicant, and other 6 accused persons have been granted bail by this Court in MCRC Nos. 6879/2025, 7754/2025, 8077/2025 vide orders dated 01.09.2025, 25.09.2025 and 13.10.2025. The applicant is in jail since 26.08.2025 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 opposes the bail application and submits that there is one criminal antecedent registered against the present applicant, and the charge-sheet has been 昀椀led in this case. It is further submitted that a theft of cash amount nad house articles were made from the house of one Rajesh Soni due to which Police personnel went to the house of suspected person namely Bhaju Yadav (applicant) and asked details of his family members thereafter the family members of the applicant got angry and assaulted the Police personnel, due to which the Police personnel sustained injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedent registered against the present applicant, charge-sheet has been 昀椀led against the applicant, furthermore there are a total of 7 accused person including the applicant, and other 6 accused persons have been granted bail by this Court in MCRC Nos. 6879/2025, 7754/2025, 8077/2025 vide orders dated 01.09.2025, 25.09.2025 and 13.10.2025, the applicant is in jail since 26.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bhanju Ram Yadav, involved in Crime No. 94/2025, registered at Police Station – Bango, District – Korba (C.G.) for the o昀昀ence punishable under Sections 191(2), 191(3), 190, 221, 296, 121(1), 132 and 109 of the BNS, 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with 4 law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed 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 su昀케cient 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. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar