1 2025:CGHC:54638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8943 of 2025 Anurag Yadav S/o Panchu Yadav Aged About 19 Years R/o Badi Koni Naka, Police Station Koni, District : Bilaspur, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Thana Koni Bilaspur, District : Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Arun Kukreja, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 344 of 2025 registered at Police Station : Koni Bilaspur District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 324(4), 109 & 3(5) of the BNS and Sections 25 and 27 of the Arms Act. 2. The prosecution's story in brief is that on 30/07/2025 at 8:30 pm, my friend Suresh Kumar Sahu came to my hostel room and told me that he VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:31:36 +0530 2 was coming from his home to the hostel. Some boys were standing on the way to the hostel. I parked the car aside and came out and they started arguing with me. After some time, at 9:10 pm, he left to go home, so I went to the hostel gate with my friend Siddharth to drop him off. As soon as Suresh Sahu came out of the hostel, Vikas started abusing him and came running on a motorcycle with his friends Kishan and Kalle. They started beating Suresh. Kishan started beating him with a stick, Kalle with a hockey stick and Vikas with a belt. Meanwhile, Vikas attacked Suresh 2-3 times with the knife he was carrying with the intention of killing him, due to which Suresh sustained injuries on his ribs and back. Vikas's other friends also started hitting him with stones. Then Siddharth and I together stopped the fight and brought Suresh Sahu inside the hostel. After that, Vikas went to the hostel with his friends. They also vandalized Suresh Sahu's car, after which Siddharth and I brought Suresh Sahu to SIMS Hospital. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. He further submits that no statement has been made by the complainant or the alleged victim against him, nor has his name been mentioned in the First Information Report. The applicant has been unnecessarily roped into the case merely because, on the date of the incident, upon receiving information that his friend Mayank had been taken to the police station, he went to Koni Police Station to see him. When the applicant inquired from the police as to why Mayank was detained, the police asked about his relation to Mayank, and upon his stating that he was a friend, the police wrongfully detained the applicant as well and implicated him in the 3 present offence. No identification of the applicant has been conducted by the complainant or the victim, and no complaint has been made in his name. The applicant is a young man aged about 19 years, and the applicant is in jail since 31.07.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has been submitted before the competent Court. He further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant had no role in causing injuries to the complainant, as the main allegation pertains to the co-accused who caused injuries to the victims with a hockey stick, and further considering that the applicant has been in custody since 31.07.2025, that the case of the applicant is distinguishable from that of the co-accused, and that the conclusion of the trial may take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Anurag Yadav, involved in Crime No. 344 of 2025 registered at Police Station : Koni Bilaspur District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 324(4), 109 4 & 3(5) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two local 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 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 concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav