1 2025:CGHC:53098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7635 of 2025 • Sajjad Mallik S/o Kutubuddin Mallik Aged About 29 Years Madhubanpara, Raigarh, P.S. City Kotwali, Dist.- Raigarh C.G. ... Applicant versus • State of Chhattisgarh Through District Magistrate, Raigarh, Through P.S. City Kotwali, Dist.- Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Singh, Advocate For Respondent/State : Ms. Shubha Shriwastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 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. 440/2025, registered at Police Station – Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 118(1), 324(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act. 2. The case of the prosecution in brief, is that, the complainant and the applicant are real brothers residing in separate houses at same premises and a fight broke out over a family dispute due to which the 2 complainant was assaulted by the applicant. Hence, the FIR was lodged. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant and the complainant are real brothers residing in separate houses at same premises and there was some quarrel took place between them due to which the complainant was assaulted by the applicant by knife, as a result, injured received multipal injuries i.e., mild depressed with communicated fracture of high parietal bone on left side and there are small hemorrhagic contusions with subarachnold hemorrhage and surrounding mild edema involving left high fronto-parietal region. He further submits that there is two criminal antecedents registered against the present applicant. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 30.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is two criminal antecedents registered against the present applicant and 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, nature and gravity of allegation levelled against the applicant and, charge-sheet has been filed against the applicant, the applicant is in jail since 30.08.2025 and conclusion of the trial is likely to take some 3 time, looking to the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Sajjad Malik, involved in Crime No.440/2025, registered at Police Station – Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 118(1), 324(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25, 27 of Arms Act, 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. (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 4 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. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. 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 vaishali