1 2025:CGHC:53950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7784 of 2025 1. Amsiya Sonwani W/o Ram Sonwani Aged About 36 Years R/o Village Obri, P.S. Balrampur, District- Balrampur-Ramnujganj, Chhattisgarh 2. Dilsay Sonwani S/o Ram Sonwani Aged About 28 Years R/o Village Obri, P.S. Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh 3. Ram Sonwani S/o Late Nirotan Sonwani Aged About 42 Years R/o Village Obri, P.S. Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh ... Non-applicant For Applicants : Mr. Hariom Rai, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.11.2025 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 applicants who have been arrested in connection with Crime No. 110/2025 registered at Police Station : Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 309(6), 296, 351(3), 115(2), 221, 121(1), 132, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant Ajay Lakra appeared at the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.04 18:37:49 +0530 2 Balrampur Police Station on 11.08.2025 and submitted a written complaint, stating that on 10.08.2025, he was on duty at the Police Help Centre, District Hospital, Balrampur, from 20:00 hours to 06:00 hours. At around 11:00 PM, dresser Pankaj Thakur came to inform him that a person in Emergency Ward No. 11, under the influence of alcohol, was abusing the nurse and ward boy using filthy language. The complainant then went to the emergency ward along with Pankaj Thakur, where Nurses Vinita Toppo, Preeti Rosdhanson, and Ward Boy Amit Ravi were on duty. There, they saw that one patient, Ram, belonging to the Ghasi community, was abusing his attendant Dilsay, as well as the nurses and the ward boy on duty, and was using obscene language. The nurses told him that it was difÏcult for them to perform their duties in such a situation. Thereafter, the complainant caught hold of Dilsay, brought him to the Police Help Centre, noted down his name and address, and advised him to go home immediately. After some time, when the complainant came out of the Help Centre towards the main gate of the hospital, Dilsay again started abusing him. The complainant tried to pacify him, but Dilsay did not listen and attempted to assault him. Around 11:20 PM, while the complainant was bringing Dilsay back to the Help Centre, the family members of Dilsay—namely Ram (father of Dilsay), Amavasya (wife of Ram), Dilsay (father Ram), along with some of their friends—suddenly surrounded him. They collectively started assaulting the complainant with fists, kicks, and sticks, saying that “he acts like a policeman, let’s kill him today.” The complainant tried to inform his staff about the incident over his mobile phone; however, the accused persons allegedly snatched his Vivo smartphone, which contained a Jio SIM (No. 6260257716) and an Idea SIM (No. 7697240487). Due to the assault, the complainant sustained injuries on his face, neck, and ear, and one Mahesh Singh also 3 suffered injuries on his waist and stomach. On the basis of the aforesaid incident, FIR No. 110/2025 was registered at Balrampur Police Station for the offences punishable under Sections 309(6), 296, 351(3), 115(2), 221, 121(1), 132, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that the real story of the case is that applicant No. 3 had gone to the District Hospital, Balrampur, on 10.08.2025 for the treatment of his daughter. During the course of admitting his daughter, applicant No. 2 was also present with him. At that time, the complainant Ajay Lakra came to the hospital in a drunken state and misbehaved with applicant No. 1. On such conduct, the applicants tried to stop the complainant and also made an oral complaint regarding the said incident before the concerned Police Station, Balrampur, District Balrampur–Ramanujganj (Chhattisgarh). However, in order to save himself from legal action, the complainant concocted a false story, on the basis of which an offence has been falsely registered against the present Applicants No. 1 to 3. He also submits that the present prosecution case is nothing but a counterblast to the oral complaint made earlier by the applicants before the concerned police station. He also submits that the present applicants have no criminal antecedents pending against them and they are in jail since 12.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicants have no criminal antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicants have been in jail since 12.08.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Amsiya Sonwani, Dilsay Sonwani and Ram Sonwani, involved in Crime No. 110/2025 registered at Police Station : Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 309(6), 296, 351(3), 115(2), 221, 121(1), 132, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like amount 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 sufÏcient 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 5 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 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 8. OfÏce 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 Abhishek