1 2025:CGHC:60056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10134 of 2025 Milau Ram Yadav S/o Hagru Yadav Aged About 56 Years R/o Village - Jom, Police Station and Tahsil - Chhuikhadan, District - Khairagarh-Chhuikhadan- Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai (K.C.G.) (C.G.) ... Non-Applicant For Applicant : Mr. Veer Verma, Advocate (through video- conferencing and Mr. Ankush Borkar, Advocate. For Non-Applicant/State : Ms. Saumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.12 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 387/2025, registered at Police Station – Chhuikhadan, District - Khairagarh- Chhuikhadan-Gandai (K.C.G.) (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that on 22/10/2025, at 14:45 hours, Suryakant Dhurve lodged a report at Police Station Chhuikhadan stating that his PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.11 11:18:03 +0530 2 father, Jagram Gond, was attacked by the accused persons - Lekhram Yadav, Mukesh Yadav, Umesh Yadav, and the applicant - at around 09:00 AM while grazing goats in Bhaisasur Khar. The accused, allegedly acting in conspiracy, abused and assaulted Jagram Gond with an axe and other objects, causing severe injuries. The complainant's father revealed the incident upon returning home, and the complainant subsequently admitted him to the Government Hospital, Chhuikhadan. Based on the complaint, Crime No. 387/2025 was registered against the accused persons under various sections of the Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is the father of the co-accused, namely Lekhram Yadav, who allegedly caused injuries to the victim with a tangiya (axe). As far as the applicant is concerned, he is alleged to have caused injuries only with his hands and fists, and the injured has suffered multiple lacerated wounds on the occipital region. It is also submitted that the applicant has one previous criminal antecedent. The charge-sheet has already been filed. The applicant has been in judicial custody since 23.10.2025, and the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be released on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant is the father of the co-accused, namely Lekhram 3 Yadav, who allegedly caused injuries to the victim with a tangiya (axe), and noting that the applicant is alleged to have caused injuries only with his hands and fists while the injured sustained multiple lacerated wounds on the occipital region, further considering that the applicant has one previous criminal antecedent, the charge-sheet has already been filed, he has been in jail since 23.10.2025, and his case is distinguishable from that of the co-accused, and that the trial is likely to take considerable time to conclude, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Milau Ram Yadav, involved in Crime No. 387/2025, registered at Police Station – Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai (K.C.G.) (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti