1 2025:CGHC:42709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6636 of 2025 • Suddhu Gond, S/o Bisru Gond, Aged About 65 Years, R/o Birjhapur, PS Dhamdha, Tehsil Dhamdha, District Durg, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through P.S. Dhamdha, District Durg, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Akash Kumar Kundu, Advocate. For State/Non-applicant : Ms. Somya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.47/2025 registered at Police Station Dhamdha, District Durg (C.G.) for the offence under Sections 109, 3(5) of Bharitya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the present applicant along with other co-accused had assaulted the complainant and his father over altercation on return of loan amount taken by applicant and his son, in which, father of the complainant Anil Gond had received injuries in his head, who was assaulted by Ballu Gond with an axe. DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 3. Learned counsel for the applicant submitted that present applicant is innocent and has been falsely implicated in crime in question. He further submits that the co-accused namely Ballu Gond is said to have assaulted the injured has already been granted bail by this Court in MCRC No.6521/2025 vide order dated 19.08.2025. It is further submitted that applicant’s case in on better footing, as no assault has been made by the present applicant and he is in jail since 19.04.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there is no criminal antecedent registered against the applicant, therefore, this bail application is liable to be rejected. 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 the offence and allegation levelled against the applicant and further considering the fact that nothing has been seized from the possession of the applicant and also there is no criminal antecedent registered against him and also the fact that applicant is in jail since 19.04.2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant – Suddhu Gond, involved in Crime No.47/2025 registered at Police Station Dhamdha, Durg (C.G.) for the offence punishable under Sections 109, 3 (5) of BNS, 2023, be released on bail on his furnishing a 3 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice