1 2025:CGHC:56450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9225 of 2025 R Yashwant Naidu S/o R. Ravi Kumar Aged About 31 Years R/o Civic Center Sector 05 Road 29/b, Bhilai District- Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through- Sho Police Station- Bhilai Nagar District- Durg (C.G.) ... Respondent For Applicant : Shri. Aman Tamrakar, Advocate. For Respondent/State : Shri Swajeet Singh Ubjeja, Panel Lawyer. 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 Charge-sheet) for the offence punishable under Sections 109, 296, 115(2), 351(3) & 3(5) of the BNS and Sections 25 & 27 Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:37 +0530 2 2. The prosecution story is in brief, is that the complainant - Chandrakant Verma Lodged a report that on 18.07.2025 when he went for smoking near Nandu Pan Thela at about 10.30 pm at the same time applicant and another co accused of the case came and a quarrel took place between them and applicant and other co accused assaulted him with help of knife, hand and feast and due to the above assault he received injuries over his head and over his another part of body and thus the concerned police station lodged the above report and arrested the applicant. Hence this bail application on following grounds. 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 further submits that no X-ray report has been filed by the police along with the charge-sheet, therefore it cannot be said that the victim sustained any grievous injury dangerous to life. The applicant has no enmity with the victim; when the victim started quarreling with the co-accused, the applicant only tried to stop the quarrel, but a false report was lodged and a false story of knife assault was added by the complainant. The applicant was merely trying to settle the dispute between the main accused and the complainant when the victim became aggressive and the incident occurred. A false recovery of weapon has been shown against the applicant. The applicant has sustained only one injury and there is no medical opinion regarding whether the injury is simple or grievous. The victim did not sustain injuries due to any assault by the applicant, which is clear from the medical report and his own statement. The complainant was never 3 hospitalized, therefore the allegation of grievous injury is false. The charge-sheet has already been filed and the trial will take considerable time for its final disposal. Due to poverty, the applicant’s family is facing great hardship. The applicant is in judicial custody since 19.07.2025, therefore, he prays for grant of regular 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 1 criminal 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- R Yashwant Naidu, involved in Crime No.363/2025 registered at Police Station Bhilai Nagar, District Durg(C.G.)(As per Charge-sheet) for the offence punishable under Sections 109, 296, 115(2), 351(3) & 3(5) of the BNS and Sections 25 & 27 Arms Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with 4 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 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 vaibhav