1 2025:CGHC:56451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8660 of 2025 V. Lucky George S/o Late H. Vishlan Prakash Aged About 32 Years R/o Sector - 5, Road-13, Quarter Number - 1/ A, Bhilai, Tehsil And District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Bhilai Nagar, District Durg (C.G.) ... Respondent For Applicant : Shri Shakti Raj Sinha, Advocate. For Respondent/State : Shri Swajeet Singh Ubjeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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 connection with Crime No.363/2025 registered at Police Station Bhilai Nagar, District Durg(C.G.)(As per Chargesheet) for the offence punishable under Sections 109, 296, 115(2), 351(3) BNS, section 25,27 Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:42 +0530 2 2. Case of the prosecution, in brief, is that on the night of 18.07.2025, at approximately 8:30 PM, when complainant was sitting on a platform near Nandu Paan Thela, Sector 5 Market, smoking a cigarette, Yashwant ran away, shouting obscenities. Complainant Chandrakant Verma Naidu and Lucky George arrived and, upon being rebuked by the filthy language, attacked him with a sharp-edged weapon, saying, "You motherfucker, you're talking too much. We'll kill you today." Yashwant Naidu attacked him with a sharp-edged weapon with the intent to kill. Complainant Chandrakant injured his left finger when he tried to escape. Lucky George then came forward and struck him on the head with a sharp-edged weapon, causing blood to gush from his head. The Complainant, panicked and fleeing, fell to the ground, injuring his right knee. Hence this offence. 3. Learned counsel for the applicant submits that the applicant is said to have assaulted the injured with sword but he has received superficial injury on his head and as per the opinion of the doctor it is stated that if the proper treatment could not have been given, then the injured could have lost his life. He would submit that the applicant has 10 previous criminal antecedents, out of which in 8 cases he has been acquitted and two cases are pending. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 19/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has 10 criminal 3 antecedents which has been explained by filing additional affidavit. 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, submission of learned counsel for the parties, nature of allegation levelled against the applicant, further considering the period of detention of the applicant since 19/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without further commenting anything on the merits of the case, 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- V. Lucky George, involved in Crime No.363/2025 registered at Police Station Bhilai Nagar, District Durg(C.G.)(As per Chargesheet) for the offence punishable under Sections 109, 296, 115(2), 351(3) BNS, section 25,27 Arms Act, 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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 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 gouri