1 2025:CGHC:53109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7585 of 2025 • Prabhat Yadav @ Bholu S/o Seetaram Yadav Aged About 22 Years R/o Village Akaltara, District- Janjgir- Champa Chhattisgarh. ...Applicant versus • State Of Chhattisgarh Through- The Station House Officer, Police Station Akaltara, District- Janjgir- Champa Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. N.K.Chaterjee, Advocate For Respondent/State : Mr. Soumya Rai, 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. 360/2025, registered at Police Station – Akaltara, District – Janjgir- Champa (C.G.) for the offence punishable under Sections 109(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complaint has lodged an FIR that on 06.07.2025, stating therein he alongwith his companion had come to Akaltara for purchasing of cloths and at about 7:00 PM, they had VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.01 11:03:01 +0530 2 gone to the Singhoniya Petrol Pump and in order to meet with Golu @ Vijay and purchased the petrol, at that time the persons where unknown to the present applicant and they had knife their hands and they were also threatening the complainant and on being protested by the applicant and his companion and that time, any person had caused the injuries inside the abdomen of Tileshwar Bhaina and on the basis of said report, offence has been registered against the present applicant. The arrest is totally illegal hence the application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is three criminal antecedents registered against the present applicant, out of which only one case is pending for it’s conclusion. It is further submitted that the charge-sheet has been filed in this case. He further submits that applicant there are total five accused persons involved in the instant case including present applicant, out of which two accused persons have already been granted bail by learned trial Court and other two have also been enlarged on bail by this Court. He also submits that the allegations levelled against the present applicant is that he assaulted the injured with blunt objects but there is no specific opinion given by the Doctor over the injuries received by the injured. The applicant is in jail since 06.08.2025 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 three criminal antecedents registered against the present applicant bearing crime No.309/2022 registered at Police Station Akaltara for the offence under Sections 3 457 and 380 of IPC, in which applicant has been acquitted, bearing crime No.315 of 2022, registered at Police Station Akaltara for the offence under Sections 457 and 380 of IPC, which is pending and in crime No.533 of 2024 registered at Police Station Akaltara for the offence under Sections 294, 506 of IPC, which is disposed of by compromised between the parties. He also submits that 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 the fact that there is three criminal antecedents registered against the present applicant, out of which only one case is pending for it’s conclusion, two accused persons have already been granted bail by the trial Court and other two co-accused persons have also been enlarged on bail by this Court, charge-sheet has been filed against the applicant, the applicant is in jail since 06.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Prabhat Yadav, involved in Crime No.360/2025, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 109(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 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 vaishali