1 2025:CGHC:61315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9717 of 2025 • Pradeep Tiwari S/o Rameshwar Tiwari Aged About 21 Years R/o Mahmand Post Mahmand (Zone No.), P.S. Torwa, District Bilaspur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station Torwa, Bilaspur, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Jai Kumar Dewangan, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 471/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 3(5) of BNS, 2023. 2. The case of the prosecution, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:09 +0530 2 the date of incident i.e., 19.10.2025 there is some dispute between the accused person regarding dancing on D.J at near Krishna Gate and thereafter, the accused persons have committee marpeet with the injured person. Based upon the such complaint concerned Police has been registered against accused persons, hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that the allegation levelled against the present applicant is that he assaulted the injured by hand and fist, as a result injured sustained simple injuries. Further, there is two previous criminal antecedents registered against the present applicant bearing crime No. 420 of 2024 for offence under Sections 115(2), 296, 3(5), 351(2) of BNS, which is pending and in Crime No.489 of 2025 for offence under Sections 296, 351(2), 119(1), 126(2) and 3(2) of BNS, in which applicant has already been granted bail by learned trial Court vide order dated 10.11.2025 but arrested in present case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.11.2025 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 is two previous criminal antecedents registered against the present applicant, out of which one is pending for it’s conclusion and in another case he has already been granted anticipatory bail by learned trial Court. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties, nature of injury sustained by the injured also considering the fact that in crime No.489 of 2025 for offence under Sections 296, 351(2), 119(1), 126(2) and 3(2) of BNS, applicant has already been granted bail by learned trial Court vide order dated 10.11.2025m, charge-sheet has been filed in the present case, the applicant is in jail since 13.11.2025, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pradeep Tiwari, involved in Crime No.471/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 3(5) of BNS, 2023, 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 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 4 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 vaishali