1 2025:CGHC:58603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9766 of 2025 1 - Vikas @ Vickky Bharti S/o Raju Bharti Aged About 21 Years R/o Atal Awas Devrikhurd, P S Torwa District Bilaspur Chhattisgarh 2 - Durgesh @ Bhura Bharti S/o Raju Bharti Aged About 21 Years R/o Atal Awas Devrikhurd, P S Torwa District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S H O PS Torwa Distt. Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Dheerendra Pandey, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 338/2025 registered at Police Station Torwa Distt. Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 324(2), 118(1), 191(2)(3), 190 of BNS and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 09.08.2025, the applicant, along with co-accused Nilesh Sonkar, Priyanshu, Bhuru and others, forcibly entered the complainant’s house, abused him, and assaulted him with fists, iron rods and axes, causing serious head injuries and rendering him unconscious. When other family members arrived, they too were assaulted and sustained injuries. A crime was registered against all accused persons, and although the applicant was initially declared absconding, he later surrendered before the trial court on 14.10.2025. Hence the present bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Prakash Das @ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.7333 of 2025. The applicant is in jail since 14.10.2025, 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 3 applicants. 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. She further submits that the applicant, along with co-accused persons, forcibly entered the complainant’s house and assaulted him with fists, iron rods, and axes, causing serious injuries. When other family members reached the spot, they were also beaten and injured. Therefore, the applicants are 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 applicants since 14.10.2025, the fact that though the applicant, along with co-accused persons, forcibly entered the complainant’s house and assaulted him with fists, iron rods, and axes, causing serious injuries, but considering the fact that co-accused, namely, Prakash Das @ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.7333 of 2025 and the case of present applicants is identical to that of the said co- accused, further the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicants-Vikas @ Vickky Bharti and Durgesh @ Bhura Bharti, involved in Crime No. 338/2025 registered at Police Station Torwa Distt. Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 324(2), 118(1), 191(2)(3), 190 of BNS and Section 25 and 27 of Arms Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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