1 2025:CGHC:8930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 792 of 2025 Samrat Sagar S/o Shri Dutto Sagar Aged About 26 Years R/o- Ward No.- 14, Porterpara, At Baghbahara, P.S. And Tahsil- Baghbahara, Distt. Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through The P.S.- Baghbahara, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Jameel Akhtar Lohani, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2025 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. 260/2024 registered at Police Station Baghbahara, District- Mahasamund, (C.G.) for the offence punishable under Sections 109, 296 and 333 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant, Rambali Gupta, lodged a written report at P.S. Baghbahara on 04.11.2024 at RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 18:00 hrs regarding an incident that occurred the same day at 09:00 a.m. The complainant, a scrap dealer (kabadi), alleged that while he was at his shop, the applicant, due to previous enmity, started abusing him in filthy language and then attacked him with a sharp knife, causing stab injuries to his neck and right hand. During the investigation, the applicant was arrested. 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 the applicant has neither the intention nor the knowledge to cause injuries to the injured and has been falsely implicated due to previous enmity. So far as the applicant is concerned it is stated that he assaulted the injured with a sharp knife, who has sustained injuries to his neck and right hand which is non vital part of the body. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that the applicant is in jail since 05.11.2024, the applicant has 02 criminal antecedents, in which, he has already been acquitted in both the cases, 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 competent Court. She further submits that the present applicant has assaulted the injured with a sharp knife, who has sustained injuries 3 to his neck and right hand, the injuries was found to be grievous in nature. She further submits that the present applicant has 02 previous criminal antecedents, 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 05.11.2024, the fact that the present applicant assaulted the injured with a sharp knife, who has sustained injuries to his neck and right hand which is non vital part of the body, the injured person was received injuries simple in nature nor any in a grievous nature, further the applicant has 02 criminal antecedents, in which, he has already been acquitted in both the cases 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. 7. Let the Applicant- Samrat Sagar, involved in Crime No. 260/2024 registered at Police Station Baghbahara, District- Mahasamund, (C.G.) for the offence punishable under Sections 109, 296 and 333 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 25 and 27 of Arms Act, be released on bail on their 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 4 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 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