2025:CGHC:61551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10420 of 2025 Shahnawaj Mallik @ Shanu S/o Late Kutubuddin Mallik Aged About 36 Years R/o Madhubanpara, Puchapara, Raigarh, Thana - City Kotwali, Tahsil And District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through The District Magistrate- Raigarh District- Raigarh (C.G.) (Concerned Police Station- City Kotwali) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.12.2025 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. 440/2025, registered at Police Station – City Kotwali District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2) 118(1), 324(4) and 3(5) of the BNS and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.17 15:38:41 +0530 2. The prosecution story in brief is that on 28.08.2025 at around 10:30 PM, the complainant, Saddam Mallik, who resides jointly with his family in Madhubhanpara Puchapara Talab area, Raigarh, alleged that his brother Sajjad Mallik, in a drunken state, began damaging a TATA Electric Car Charger and Meter, and when the complainant tried to stop him, Sajjad abused and assaulted him with a knife. Thereafter, the complainant, along with his sister-in-law Reshma Mallik and nephew Sajid Mallik, went to the police station to lodge a complaint. Further, the complainant stated that during a quarrel involving his wife, Sahina Mallik, the petitioner herein, Shahnawaj, intervened and abused and assaulted her, and when the complainant tried to intervene, the petitioner also physically assaulted him, causing head injuries. Based on this complaint, an FIR was registered against Sajjad Mallik and the petitioner, and during investigation, the accused were apprehended, one of them admitted guilt, and a leather belt was seized. Upon completion of the investigation, a final report bearing No. 402-A/2025 dated 06.12.2025 was filed against the petitioner for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. No offence, much less an offence under Sections 296, 351(2), 115(2), 117(2), 118(1), 324(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, or Sections 25 and 27 of the Arms Act, is made out against him. The complainant, who is the real brother of the applicant, has falsely implicated him due to a prior dispute, as the complainant had allegedly committed theft of Rs. 9 lakhs from the applicant’s house in his absence, a fact for which an FIR has been filed by the applicant’s wife . The CCTV footage from the relevant time would show that the quarrel occurred only between the complainant and accused Sajjad Mallik, and the applicant was not present at the scene. Furthermore, the co-accused, Sajjad Mallik, has already been granted regular bail by this Hon’ble Court vide order dated 30.10.2025 in MCRC No. 7635/2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and also taking into account that the applicant has no criminal antecedents, as well as the fact that the co-accused has already been granted bail vide order dated 30.10.2025 in MCRC No. 7635/2025, and further noting that the charge-sheet has been filed before the competent Court and the applicant has been in judicial custody since 03.12.2025, and the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Shahnawaj Mallik @ Shanu, involved in Crime No. 440/2025, registered at Police Station – City Kotwali District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2) 118(1), 324(4) and 3(5) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 she 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 her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav