1 2025:CGHC:53949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7766 of 2025 Sukhsen Sonwani S/o Karmu Ram Aged About 19 Years R/o Village Obari R/o Balrampur District Balrampur Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Balrampur District Balrampur Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Nishi Kant Sinha, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 110/2025 registered at Police Station : Balrampur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 309(6), 296, 351(3), 115(2), 221, 121(1), 132, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, it is alleged that on 10.08.2025 at about 11:30 PM, while the complainant was on duty at the Police Help Centre situated in the Government Hospital, Balrampur, a ward boy from the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 18:37:49 +0530 2 emergency ward informed him that the co-accused Dilsai was creating a disturbance in an intoxicated state. The complainant then took Dilsai out of the hospital. After some time, when the complainant went outside, the co-accused Ram, Amavasya, and Dilsai allegedly assaulted him with fists and a stick and also snatched his mobile phone. Consequently, the complainant lodged a report on 11.08.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had gone to the hospital along with his family members to admit a relative, where the complainant, who was in a drunken state, abused them and forcibly drove them out of the hospital. Due to this, a dispute arose and a minor scufÒe took place. However, taking advantage of his position and authority, the complainant falsely implicated the entire family, including a woman, in a fabricated manner. He further submits that the report was deliberately not lodged on the same night as the complainant himself was intoxicated. The Applicant has been falsely implicated only because he happens to be a family member of Ram, S/o Nirottam, against whom the allegation of assault has been made. He further submtis that the present applicant has no criminal antecedents and he is in jail since 12.08.2025, conclusion of the trial may take some time, therefore, he 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 and also endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 12.08.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sukhsen Sonwani, involved in Crime No. 110/2025 registered at Police Station : Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 309(6), 296, 351(3), 115(2), 221, 121(1), 132, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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 4 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 sufÏcient 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. 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 Abhishek