1 2025:CGHC:53592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7996 of 2025 Santosh Banjare S/o Sukru Ram Banjare Aged About 50 Years R/o Dharashiv P.S. And Tehsil Lawan District- Baloadabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Lawan District- Baloadabazar- Bhatapara (C.G.) ... Respondent For Applicant : Ms. Prachi Singh, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 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.305/2025 registered at Police Station Lawan, District Balodabazar- Bhatapara Chhattisgarh for the offence punishable under Sections 296,115(2), 351(2), 118(1), 3(5), 109(1) of B.N.S. 2. Case of the prosecution, in brief, is that complainant Dwarika Banjare had lodged a report at Police Station-Lawan stating that on 09.07.2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 15:07:26 +0530 2 at around 6:00 PM, in Omprakash's chicken centre at village the complainant and his brother was sitting with Lokesh Baghel, Santosh Banjare and other villagers. At that time applicant and Lokesh Baghel began quarreling over an old dispute relating to the Mahtari Vandan Scheme. Later, the people present separated both of them and everyone dispersed. Subsequently, at around 8:30 PM the same day, the complainant and his brother Trilok Banjare was standing and talking with his friend Prakash Tondon at Ghansidas Chowk of the village, when Santosh Banjare along with Gopal Banjare of the same village reached there. Both of them caught hold of his collar, and abused him with obscene words, threatened to kill him, and with a sharp-edged weapon like a knife, attacked his brother Trilok Banjare on his left shoulder. Thereafter the matter was registered in the police station and arrested the present applicant and during the investigation, the injured Trilok Banjare was treated at Anand hospital Balodabazar. On the basis of the H.R.CT chest medical report of the injured, Section 109(1) of the BNS was added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She would submit that the false FIR has been lodged against the applicant out of malice and ill- will and in fact, the complainant party had also assaulted the applicant, the applicant had also approached the police to lodge a report, but the police did not lodged the Cross FIR. She would submit that the applicant is a 50 year old man and he has not committed any offence, there is no previous criminal antecedents of the present applicant. She would submit that the charge sheet has been filed in this case, the 3 applicant is in jail since 10/07/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she 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. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, period of detention of the applicant since 10/07/2025, 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- Santosh Banjare, involved in Crime No.305/2025 registered at Police Station Lawan, District Balodabazar-Bhatapara Chhattisgarh for the offence punishable under Sections 296,115(2), 351(2), 118(1), 3(5), 109(1) of B.N.S., 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 4 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 an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, 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 gouri