1 2025:CGHC:5628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 854 of 2025 Lokesh Yadav S/o Shri Basant Yadav Aged About 20 Years R/o Motipur Out Post Chikhali, Police Station Kotwali Tehsil And District Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Out Post Chikhali, Police Station Kotwali District Rajnandgaon (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 564/2024 registered at Police Station Out Post Chikhali, Police Station Kotwali District Rajnandgaon AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that on 10.09.2024, at around 9:00 pm, the complainant returned home from work and was washing his hands and face when his younger brother, Siddharth Gajbhiye, rushed to his house and informed him that their younger brother, Dinesh Gajbhiye, had been stabbed by Lokesh Yadav. The complainant immediately rushed to Dinesh's side and inquired about the incident. Dinesh stated that Lokesh Yadav was playing a game on his mobile phone, and when Dinesh asked him to stop, Lokesh started abusing him with filthy language. When Dinesh objected to the abuse, Lokesh threatened to kill him and stabbed him with a knife on his left hand, back, and chest. The complainant was shocked to see his brother's bleeding injuries and, along with Siddharth, took Dinesh to the District Government Medical College Hospital in Pendri, Rajnandgaon, for treatment. A case was registered against the accused under Sections 296, 351(2), and 115(2) of BNS based on the complainant's report. During the investigation, the doctor's opinion was obtained, and Sections 109(1) of BNS for attempted murder and Section 25 of the Arms Act for illegally possessing a knife were subsequently added to the case. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that initially the FIR was registered 3 for the offence punishable under Sections 296, 351(2), and 115(2) of BNS and the applicant was granted bail, but subsequently, during the course of investigation, charge-sheet has been filed under Section 109(1) of BNS, thereafter, applicant moved an anticipatory bail, which got rejected, the applicant then surrendered and was sent to jail on 30.12.2024, further there was no any internal injury caused to the injured by the applicant. The applicant is in jail since 30.12.2024, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant while playing mobile game had abused the injured, threatened to kill him and also stabbed him with knife on his left hand, back and chest, due to which, he received grievous injury on his persons and had admitted in District Government Medical College Hospital in Pendri, Rajnandgaon, for treatment, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 30.12.2024, the fact that though the applicant while playing mobile game had abused the injured, threatened to kill him and also stabbed him with knife on his left hand, back and chest, due to 4 which, he received grievous injury on his persons and had admitted in District Government Medical College Hospital in Pendri, Rajnandgaon, for treatment, but the FIR was initially registered under Sections 296, 351(2), and 115(2) of BNS and the applicant was granted bail, later on charge-sheet has been filed and Sections 109(1) of BNS and Section 25 of Arms Act were subsequently added, thereafter, the applicant moved an anticipatory bail, which got rejected and the applicant was sent to jail on 30.12.2024, considering the period of detention of applicant in jail and the fact that applicant has no criminal antecedent, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Lokesh Yadav, involved in Crime No. 564/2024 registered at Police Station Out Post Chikhali, Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 25 of 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 5 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 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil