1 2025:CGHC:56449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8706 of 2025 Ravi @ Ravilal Dewangan, Aged About 40 Years, S/o Shri Sadhram Dewangan, R/o Bhanwarpur, Police Chowki Bhanwarpur, P.S. Basna, Dist. Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Basna, Dist. Mahasamund (C.G.) ... Respondent For Applicant : Shri Ravindra Sharma, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. 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.330/2025 registered at Police Station Police Chowki Bhanwarpur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:40 +0530 2 P.S. Basna, Dist-Mahasamund (C.G.) for the offence punishable under Section 109 of BNS Act. 2. Case of the prosecution, in brief, is that the complainant Devendra Dewangan lodged the written complaint stating that on 22.08.2025 at about 07:30 pm the applicant who is cousin took his father Nandlal in his motor cycle toward Basna Road Palsapali turn, that after some time they stopped beside the road and the applicant gone for attending nature's call, in the mean time he took out Seal, Lodha made of stone and hit his father Nandlal five to six time over the head, that due to such injury there was blood loss, that a nearby person informed him to which he reached on the spot in further informed about the incident to the police. On the complaint of the complainant Police Station Basna registered the Crime No. 330/2025 for the alleged offences punishable U/s 109 of BNS Act and arrested the applicant on 27.08.2025. 3. Learned counsel for the applicant submits that the applicant is said to have caused injuries to the injured who was his maternal uncle, the injury which has been caused by stone and though the injury has been received on the temporal region but no internal damage has been caused. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 27/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that the applicant is said to have caused injuries by stone to the injured who was his maternal uncle, though the injury has been received on the temporal region but no internal damage has been caused, period of detention of the applicant since 27/08/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, 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- Ravi @ Ravilal Dewangan, involved in Crime No.330/2025 registered at Police Station Police Chowki Bhanwarpur, P.S. Basna, Dist-Mahasamund (C.G.) for the offence punishable under Section 109 of BNS Act, be released on bail on his 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 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. 4 (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. 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 gouri