1 2025:CGHC:54599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8934 of 2025 Firoj Sahu S/o Santosh Sahu Aged About 19 Years R/o Kailashnagar, Birgaon Near Shiv Mandir, P.S. Khamtarai, District-Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Khamtarai, Raipur, District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 10.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 889/2025 registered at Police Station Khamtarai, District - Raipur (C.G.), for the offences punishable under Sections 126(2), 324(4), 309(6) 311 & 3(5) of the BNS. 2. The prosecution story in brief, is that the complainant has made written complaint before the concerned police station that on date of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:31:37 +0530 2 incident there was dispute in between parties regarding mobile and amount of Rs. 500/- and such parties have marpeet in both of them together, and both parties have registered FIR against them. Based upon such complaint of the complainant, the 311 police has registered the offence punishable under section 126(2), 324(4), 309(6), 3(5) of B.N.S. at crime no. 889/2025 against the present applicant and others accused person. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that all the parties belong to the same locality, and the dispute arose merely over a minor issue regarding a mobile phone and some amount. The applicant neither assaulted the injured person nor committed any of the alleged offences. The injuries sustained by the injured are simple in nature, and the applicant has been implicated merely on suspicion, based on false and baseless allegations. There is no material or ingredient of the offences punishable under Sections 126(2), 324(4), 309(6), 311 3(5) of the Bharatiya Nyay Sanhita in the prosecution story against the applicant. The prosecution has also failed to collect sufficient material regarding the alleged theft of the said article, and a prima facie case is not made out against the applicant. The applicant reserves his right to raise additional grounds at the time of hearing of this bail application. Being a permanent resident of the village mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all the conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as per the case diary, the injuries received by the injured are simple in nature. Moreover, the present applicant has no criminal antecedents and the charge-sheet has been submitted before the competent Court, the applicant is in jail since 07.08.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Firoj Sahu, involved in Crime No. 889/2025 registered at Police Station Khamtarai, District - Raipur (C.G.), for the offences punishable under Sections 126(2), 324(4), 309(6) 311 & 3(5) of the BNS, be released on bail on his furnishing personal bond with two local 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 4 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 his 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 Vaibhav