1 2025:CGHC:53095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7644 of 2025 Manish Kumar Chauhan, (wrongly mentioned as Manish Rajput in Charge sheet and Manish Chauhan in order sheet) S/o Shir Suresh Chauhan Aged About 22 Years R/o House No.21, Tower Block No.16, BSUP Colony, Mathpuraina, Police Station Tikarapara, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Tikarapara, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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.520/2025 registered at Police Station Tikarapara, Raipur (C.G). for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:43 +0530 2 the offence punishable under Sections 137(2), 296, 351(2), 115(2) & 3(5) of BNS. 2. Case of the prosecution, in brief, is that a complaint was lodged by one Derahu Ram Dhruv to the Police of Police Station-Tikarapara, Raipur that on 13.07.2025 about 09:00 PM when his wife and son (Minor, aged 14 years) was at home, the co-accused Sanjay Sahu along with other persons had entered his house and dragged his son (Minor) out and took him on a motor-Bike, and then had beaten him with hand-fists and belt, due to which he had sustained injuries. Hence the FIR was lodged against Sanjay Sahu & others. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has no role in the commission of the alleged offence, and there is no legal or substantive evidence on record to constitute any offence against him. He would submit that records reveal that the dispute was primarily between the co-accused Sanjay Sahu and the injured minor, who was working under him and was accused of theft of gold ornaments. The applicant has been dragged into the case merely due to his acquaintance with the co-accused. He would submit that no incriminating material such as any video of assault has been recovered from the applicant or the co-accused, and the MLC report indicates that the injuries sustained by the minor are simple in nature. He would submit that co-accused Sanjay Kumar Sahu has been granted bail by this Court in MCRC No.7255/2025 on 11/09/2025. He would submit that the charge sheet has been filed in this case, applicant has no criminal antecedents and he is in jail since 14/07/2025 and conclusion 3 of trial will take some time, therefore, he 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 and the applicant has no criminal antecedents. 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, nature of allegation levelled against the applicant, considering the fact that co-accused Sanjay Kumar Sahu has been granted bail by this Court in MCRC No.7255/2025 on 11/09/2025, period of detention of the applicant since 14/07/2025, charge sheet has been filed, applicant has no criminal antecedents 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- Manish Kumar Chauhan, involved in Crime No.520/2025 registered at Police Station Tikarapara, Raipur (C.G). for the offence punishable under Sections 137(2), 296, 351(2), 115(2) & 3(5) of BNS., 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 4 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. (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri