1 2025:CGHC:52817 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7534 of 2025 1 - Tikeshwar Sahu S/o Atmaram Sahu Aged About 21 Years R/o Near Masuria Lake, Labor Camp, Ward- 13, Police Station- Jamul, District- Durg (C.G.) --- Applicant Versus 1 - State Of Chhattisgarh Through Police Station- Old Bhilai (Purani Bhilai), Distt.- Durg (C.G.) --- Non-Applicant MCRC No. 7657 of 2025 1 - Anil Durga S/o Santosh Durga Aged About 19 Years R/o Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh. ---Applicant Versus 1 - State Of Chhattisgarh Through- S.H.O. Police Station Purani Bhilai, District- Durg (C.G.) --- Non-Applicant MCRC No. 7534/2025 For Applicant : Mr. Shikhar Bhaktiyar, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer MCRC No. 7657/2025 For Applicant : Mr. Shivam Agrawal, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 29.10.2025 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants 2 who have been arrested in connection with Crime No. 233/2025 registered at Police Station – Old Bhilai (Purani Bhilai), District – Durg (C.G.), for the offence punishable under Sections 296, 351 (2), 115 (2), 309(4) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, on 07.06.2025 at about 06:30 P.M., the complainant namely, Vivek Kumar Markande lodged report in the complainant alleging that on the said date, when he was going towards Transport Nagar for purchasing some items and had reached near Transport Nagar Railway Line, three unknown persons came there in motorcycle and started hurling abuses on the complainant and thereafter, had assaulted him by means of hands and fists. Due to which, the complainant sustained injuries over his persons. Based on the report, offence was registered by the police authorities and during the course of investigation, the applicants were arrested on 13.06.2025. 3. Learned counsel for the respective applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case, they have not committed any offence as alleged. Mr. Shivam Agrawal submits that the applicant in MCRC No. 7534/2025 had not assaulted the applicant and he has been implicated in the present case due to an old enmity with the complainant. He submits that the mobile phone recovered and seized from the possession of the applicant is not belonging to the complainant and thus, there is no direct evidence available against the applicant in the charge-sheet. So far as the criminal antecedents of the applicant is concerned, he submits that as per the knowledge of deponent there is no other criminal antecedent against the applicant. Applicant is in jail since 13.06.2025. Therefore, he may be enlarged on bail. 4. Mr. Shikhar Bakhtiyar, learned counsel for the applicant in MCRC No. 7657/2025 submits that that the applicant has been falsely implicated in the present case. There is no seizure made from the possession of the applicant 3 and in the FIR, there is no mention of the applicant. He submits that no Test Identification Parade has been conducted and the charge-sheet has already been filed before the competent Trial Court, there is no chance of absconding of the applicant as he is a permanent resident of District – Durg, Chhattisgarh. So far as the criminal antecedents of the applicant is concerned, three cases of the year 2023, 2024 and 2025 (Crime No. 21/2023 P.S. Jamul for the offences under Section 294, 323, 506 of IPC and Crime No. 282/2024 P.S. Jamul for the offences under Section 351 (2), 115 (2), 3 (5) of the BNS, 2023 and Crime No. 172/2025 for the offences under Section 304 of BNS, 2023) are pending against the applicant, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that though the charge-sheet has been submitted before the competent Court in the present case, but there specific allegations against the applicants of committing assault and robbery upon the complainant. However, she do not dispute the submission of counsel for the respective applicants regarding the criminal antecedents against the respective applicants and submits that the Applicant No. 2 is a habitual offender and therefore, they may not be granted bail. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 7. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further, the fact that charge-sheet has been filed before the competent Court, criminal antecedents of the Applicant – Anil Durga which has been explained in para 4 (a) of the bail application, period of pre-trial detention, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 4 8. Let the Applicants – Tikeshwar Sahu in MCRC No. 7534/2025 and Anil Durga in MCRC No. 7657/2025, involved in Crime No. 233/2025 registered at Police Station – Old Bhilai (Purani Bhilai), District – Durg (C.G.), for the offence punishable under Sections 296, 351 (2), 115 (2), 309(4) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 absence of the applicants are 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 them in accordance with law. 9. 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY