1 2025:CGHC:61258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8983 of 2025 Nand Kumar Sahu S/o Bajrang Sahu Aged About 19 Years R/o Rapta Chowk, Sarkanda, P.S. Sarkanda, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station City Kotwali, Bilaspur District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Pawan Kumar Kashyap, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, 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 connection with Crime No. 577/2025 registered at Police Station City Kotwali, District Bilaspur, (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 324(4), 326(2), 351(2) and 3(5) of BNS of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant lodged a complaint at the concerned police station alleging, inter alia, that on the date of the incident, i.e., 22.10.2025, a dispute arose between RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the accused persons and the injured regarding the crossing of vehicles near Bilasa Chowk, Shanichari, during which the motorcycle was damaged and thereafter the accused persons assaulted the injured. On the basis of the said complaint, the police registered a case against the accused persons including the present applicant for the offences punishable under Sections 115(2), 119(1), 296, 324(4), 326(b), 351(2) and 3(5) of the B.N.S., 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He further submits that at the time of the incident, the complainant/injured was driving his motorcycle in a rash and negligent manner and collided with the motorcycle of the applicant, as a result of which he fell on the spot and sustained simple injuries on his left leg; however, the applicant neither assaulted him nor committed any of the offences alleged by the prosecution. He further submits that the injured has received injuries which are simple in nature not in a grievous injuries. He also submits that no recovery is made form the present applicant. He further submits that the present applicant has one criminal antecedent, he is in jail since 24.10.2025, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the 3 competent Court. She further submits that as per the prosecution case, on 22.10.2025 a dispute arose near Bilasa Chowk, Shanichari, regarding crossing of vehicles, whereafter the accused persons, including the present applicant, assaulted the injured and caused damage to the motorcycle. It is further submitted that the present applicant played an active role in the incident and, during the course of investigation, a knife used in the commission of the offence has been seized from his possession, and he has one previous criminal antecedent, 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 24.10.2025, the fact that the applicant along with co-accused assaulted the injured, who has sustained injuries, which is non vital part of the body and the injured has received injuries which are simple in nature not in a grievous injuries, further the applicant has 01 criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Nand Kumar Sahu, involved in Crime No. 577/2025 registered at Police Station City Kotwali, District Bilaspur, (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 324(4), 326(2), 351(2) and 3(5) of BNS of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal 4 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 sufÏcient 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, 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 5 opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce 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 Rahul Dewangan