1 2025:CGHC:52820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7548 of 2025 Shankar Vishwakarma S/o Dheeran Ram Vishwakarma Aged About 25 Years R/o Chandarpur, Police Station Surajpur, District : Surajpur, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through The Station House Officer Police Station Surajpur, District : Surajpur, Chhattisgarh ... Non-applicant For Applicant : Mr. Gyan Prakash Shukla, Advocate For Non-applicant : Mr. Hariom Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 29.10.2025 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 applicant who has been arrested in connection with Crime No. 419/2024 registered at Police Station – Surajpur, District – Surajpur (C.G.), for the offence punishable under Sections 296 (B), 115 (2), 109 & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Vivek Sahu lodged the FIR at Police Station Surajpur stating that, his uncle namely Sandeep Sahu left his house on the eve of 20.07.2024 around 18:00 IST, and in that night he was missing. Thereafter, on 21.07.2024 he was found lying behind the primary school Chandarpur and injuries found on his head. 2 In FIR it was further stated that, on 20.07.2024 one person namely Shiva Vishwakarma was abusing his uncle and assaulted his uncle. Hence this bail application. 3. Learned counsel for the applicant would submit that this is the second bail application. The first bail application was dismissed on merits vide order dated 05.05.2025 in MCRC No. 3477/2025. He submits that this second bail application is filed on the ground of delay in trial and so far as, the status of the trial is concerned, no prosecution witnesses have been examined before the learned Trial Court, despite bailable warrant being issued by the learned Trial Court which is apparent from the order-sheets of the Trial Court. Moreover, he submits that both the complainant and applicant are acquainted to each other and the alleged assaulted occurred due to heat of passion in intoxicated condition. Applicant is in jail since 27.11.2024. Hence, applicant may be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of assault upon the complainant and the injuries suffered by the complainant to be grievous in nature, therefore, applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having no criminal antecedent against him, further, charge-sheet has been filed before the competent Court, period of pre-trial detention, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Shankar Vishwakarma, involved in Crime No. 419/2024 3 registered at Police Station – Surajpur, District – Surajpur (C.G.), for the offence punishable under Sections296 (B), 115 (2), 109 & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his 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 them, 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 4 default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office 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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY