1 2025:CGHC:61364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9123 of 2025 Amar Das Manik Puri Alias Nanki Alias Hunny S/o Shri Mohan Das Manikpuri Aged About 24 Years (Wrongly Mentioned Only Alias), R/o Bahtarai, Sarkanda, District Bilaspur Chhattisgarh .. Applicant versus State of Chhattisgarh Through Police Station Torwa, District Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Yashkarn Singh, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 0341/2025, registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 119(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the story narrated in the FIR by the complainant, when the complainant sat in the e-rickshaw of the present applicant, he was taken ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:58 +0530 2 to an isolated location and threatened by the applicant, who demanded money for alcohol. When the complainant refused the said demand, the applicant allegedly attacked him with a knife while also abusing him. Consequently, an FIR dated 12.08.2025 was registered against the applicant and one other co-accused. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the applicant has not committed the offence as alleged in the FIR filed by the complainant under Sections 296, 351(2), 115(2), 118(1), 119(1), and 3(5) of the BNS, and despite the same, the applicant has been incarcerated since 16.09.2025. It is imperative to state that the altercation occurred between the passenger and the owner solely with respect to the issue of payment, and no offence as alleged was committed by the applicant. Out of all the sections enumerated in the FIR, only Section 119(1) of the BNS is non-bailable, while the remaining sections are bailable in nature. He submits that the present applicant has only 01 criminal antecedent under the IPC which has already been settled in Lok-Adalat. He submits that the present applicant has been in jail since 16.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that the allegation against the applicant is that he assaulted the 3 injured person with a knife and a wooden stick on the pretext of demanding Rs. 500 from both the passengers for consuming liquor, and made them get down from the rickshaw. He allegedly assaulted them with a sharp-edged knife kept with him, due to which one person sustained an injury on his hand and blood started oozing out, resulting in simple injuries. Moreover, the present applicant has only one criminal antecedent under the IPC, which has already been settled in Lok Adalat. Furthermore, the charge-sheet has already been submitted before the competent Court, and the applicant has been in jail since 16.09.2025. As the conclusion of the trial may take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Amar Das Manik Puri Alias Nanki Alias Hunny, involved in Crime No. 0341/2025, registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 119(1) and 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 sufÏcient cause, 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek