1 2025:CGHC:20508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3468 of 2025 Dev Yadav S/o Baldev Yadav Aged About 24 Years R/o Risaipara, West Dhamtari, District Dhamtari, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, District Dhamtari, Chhattisgarh ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 27/2025, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 307, 296, 115(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. According to the prosecution's story, on 29.01.2025, at around 6:00 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.06 11:47:55 +0530 2 PM, the complainant, Sanveer Pal, was managing his exhibition at the Lokprayag Mahotsav Sale. Meanwhile, the applicant, along with a co-accused person, attempted to steal kitchen items from a different stall. When the complainant intervened, the applicant and the co-accused person abused and threatened him, causing injuries to the complainant's little finger and left thigh with a knife. 3. The learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. She submits that the applicant was not in possession of any seized material, and the police authorities are falsely corroborating the same with the alleged incident. She further submits that the injuries sustained by the injured are simple in nature, as per the medical records. She also submits that although the applicant has five criminal antecedents under the IPC, all of them have been disposed of, the applicant is in jail since 30.01.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. He submits that the present applicant 05 criminal antecedents of the similar nature, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature, so far as the criminal antecedents of the applicant is concerned at present he has no criminal antecedents, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 30.01.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Dev Yadav, involved in Crime No. 27/2025, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 307, 296, 115(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the 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 each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under 4 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, 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek