1 2025:CGHC:61252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9083 of 2025 Laxman Rajput S/o Late Suresh Rajput Aged About 19 Years R/o - Village Baghmara P.S. Gunderdehi Tehsil And District Balod (C.G.) (Particulars Of The Applicant Is Not Properly Mentioned In The Cause Title Of The Impugned Order And Which Is Being Mentioned As Per Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through - Sho, Police Station - Gunderdehi, District - Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 232/2025 registered at Police Station Gunderdehi, District - Balod (C.G.) for the offence punishable under Sections 118(1), 296, 351(3) of BNS. 2. Case of the prosecution, in brief, is that the complainant, Indra Thakur, was consuming alcohol while standing near the railway station at Chota Nalla. At that time, the applicant allegedly arrived at the spot and started abusing the complainant over a previous dispute, which resulted in a quarrel between them. Thereafter, a free fight allegedly took place, during which the complainant is stated to have sustained stab injuries. It is alleged that the complainant went to the police station and reported that the applicant assaulted him with a knife, hands, and fists, due to which he suffered injuries on his back and other parts of the body. On the basis of the said report, the concerned police station registered the FIR and arrested the applicant. Hence, the present bail application. 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 the present applicant has no enmity whatsoever with the complainant. In fact, when the complainant came and started quarreling with the father of the applicant, the applicant only intervened to stop the quarrel. A false report has been lodged against the applicant and a concocted story regarding use of a knife has been falsely introduced by the 3 complainant. No incriminating article has been recovered from the possession of the applicant and a false recovery of weapon has been shown. Further, the complainant has sustained only one injury measuring 3×1×1.5 cm, which is not grievous in nature. The applicant is in jail since 20.08.2025, 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. He further submits that the applicant is alleged to have abused the complainant, Indra Thakur, near the railway station at Chota Nalla over a previous dispute, resulting in a quarrel and a free fight, during which the complainant allegedly sustained injuries caused by a knife, hands, and fists. Moreover, the applicant has one criminal antecedent under the IPC, which is pending, 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 20.08.2025, the fact that though the applicant is alleged to have abused the complainant over a previous dispute, resulting in a quarrel and a free fight, during which the complainant allegedly 4 sustained injuries caused by a knife, hands, and fists, but considering the fact that the injuries sustained by the complainant are simple in nature, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent, which is under the Excise Act and is pending, further charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Laxman Rajput, involved in Crime No. 232/2025 registered at Police Station Gunderdehi, District - Balod (C.G.) for the offence punishable under Sections 118(1), 296, 351(3) of 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. (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, 5 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. 9. Office 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