1 2025:CGHC:58579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9858 of 2025 Hemant Kumar Thakur S/o Gaindlal Thakur Aged About 36 Years R/o Camp- 1, Pragati Nagar, Beside Bhai Kirana Stores Ward No. 21, Police Station Vaishali Nagar, District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through SHO, Police Station Vaishali Nagar, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 220/2025, registered at Police Station – Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 109, 61(2), 3(5), 115(2), 191(3) and 324 of the BNS. 2. The case of the prosecution, is that the complainant Preetam Kaur lodged a report in police station Vaishali Nagar that on 14.07.2025 one boy named Baadi came and informed her that behind BSP high school some other boys are beating her son Shubhdeep Singh then she RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 rushed to the spot where she seen her son was lying down and he was hospitalized for treatment and when police enquired the matter it came to know that other accused persons namely Rakesh @ Chota Bhancha, Kesh Bhuru @ Raj, Mohit Kosley and other accused persons have beaten the victim son with help of bass ball bat, iron.rod and with other arms and this fact also came that the present applicant was also involved with the other co-accused persons to purchase base ball bat therefore the police has arrested the present applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 4 criminal antecedents registered against the present applicant out of which 2 have been disposed of. It is further submitted that the charge- sheet has been filed in this case. It is further submitted that the case of the applicant is distinguishable from the case of the co-accused, who are said to have been assaulted the injured, and so far as the applicant is concerned, he is said to have provided fund for purchasing the base- ball bat and he did not take any participation in the assault. The applicant is in jail since 19.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with hard and blunt object due to which the injured has sustained some injuries, therefore, he is not entitled for 3 grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 4 criminal antecedents registered against the present applicant out of which 2 have been disposed of, charge-sheet has been filed against the applicant, further the fact that the case of the applicant is distinguishable from the case of the co-accused, who are said to have been assaulted the injured, and so far as the applicant is concerned, he is said to have provided fund for purchasing the base- ball bat and he did not take any participation in the assault, the applicant is in jail since 19.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Hemant Kumar Thakur, involved in Crime No. 220/2025, registered at Police Station – Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 109, 61(2), 3(5), 115(2), 191(3) and 324 of the BNS, 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. 4 (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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar