1 2025:CGHC:53434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8679 of 2025 1 - Rahul Yadav S/o Raju Yadav Aged About 27 Years R/o Tikarapara, Opposite Gujrati Samaj Bhawan, P.S. City Kotwali, District Bilaspur C.G. 2 - Shubham Yadav S/o Santosh Yadav Aged About 19 Years R/o Tikarapara, Opposite Gujrati Samaj Bhawan, P.S. City Kotwali, District Bilaspur C.G. ... Applicants Versus 1 - State Of Chhattisgarh Though The Police Station Torwa, District Bilaspur C.G. ... Non-applicant For Applicants : Mr. Vikas Patel, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 31/10/2025 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 applicants who have been arrested in connection with Crime No. 93/2025 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 109 r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959. 2. The prosecution's case is that, the complainant namely, the complainant lodged a report at Torwa Police Station, alleging that on 01.03.2025 at about 10:30 P.M., when the complainant along with his friends was returning to his home from Bengalipara and had reached near Gumber Petrol Pump, three SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 unknown persons in a white scooty started abusing them as to why they were not driving their scooty properly. Thereafter, the accused persons started assaulting the complainant and his friends with a sharp-edged weapon and a hockey stick. In the meanwhile, the applicants also reached the place of incident and started assaulting the complainant and his fiends. Due to the said assault, the complainant and his friends sustained grievous injuries over their person. Based on the complainant's report, an offense under Sections 296, 115 (2), 351 (2), 109 r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959 was registered, and during the investigation, the applicants were arrested on 24.06.2025 and 13.08.2025. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He submits that the no MLC has been conducted of the complainant and when the complainant was taken to Apollo Hospital, Bilaspur for treatment, the medical report stated the injuries sustained by the complainant are in simple in nature. He further submits that there are no criminal antecedents against the applicants and no seizure has been made from them. He also submits that the applicants are in jail since 24.06.2025 and 13.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she do not dispute the submission of counsel for the applicant that the applicant are having no criminal antecedent against them and further, she submits that there specific allegations against the applicant of committing assault over the complainant and other injured persons. However, no seizure has been made from them and the injuries sustained by the complainant is simple in nature. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that 3 the applicants are having no criminal antecedents. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and injuries sustained by the complainant is simple in nature, the applicants are in jail since 24.06.2025 and 13.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant – Rahul Yadav and Shubham Yadav, involved in Crime No. 93/2025 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Sections 296, 115 (2), 351 (2), 109 r/w. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya 4 Nyaya Sanhita. (iv) The applicants 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 them 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 Dey