1 2025:CGHC:53345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8490 of 2025 Vishal Kumar Gupta S/o Sudama Sahu Aged About 19 Years R/o Village Mathpara, Police Station Manipur District- Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Manipur, District – Surguja (C.G.) ---- Non-applicant For Applicant : Mr. Gagan Pandey, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.10.2025 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. 232/2025, registered at Police Station – Manipur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 331(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that four years ago, complainant entered into a love marriage with the co-accused (Suraj Bahadur, son of Devbahadur), a resident of Darripara, and began living in the rented house of Ramchandra in Mathpara. They lived together peacefully for RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 about one year. Complainant has one son from the said marriage. After the birth of the child, the co-accused frequently quarreled with the complainant over trivial matters. For approximately three months, the complainant has been living separately from the co-accused along with the child in Ramchandra's house in Mathpara. 3. Further, on 22.08.2025 at around 11:45 p.m., the co-accused arrived at the complainant's house along with his friend Vishal Gupta (the applicant). They forced open the door, entered the house while abusing the complainant with obscene and insulting language referring to her mother and sister, and began assaulting the complainant with kicks and punches. The co-accused loudly accused the complainant of speaking to people on the phone; the complainant replied that she did not speak to anyone and that she had left him, and further asked why he had come there. The co-accused then threatened to kill the complainant. He and his companion, Vishal Gupta (the present applicant), assaulted the complainant with blows and kicks while threatening to kill her. As a result of the assault, the complainant sustained injuries to her face, back, right hand, and leg. When the complainant cried out for help, neighbours came outside after hearing the commotion, but no one intervened because the co-accused was shouting loudly and threatening to beat anyone who tried to come to her aid. The complainant called the landlord, Ramchandra, by phone, at which point both accused fled the scene. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicant happens to be the friend of husband of complainant, and the applicant along with the co-accused, is said to have assaulted the complainant with hands and fists and as per 3 the medical report, the injuries sustained to the injured are simple in nature. The applicant is in jail since 25.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused person is said to have assaulted the complainant due to which she has sustained some injuries on her person, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, further the applicant happens to be the friend of husband of complainant, and the applicant along with the co-accused, is said to have assaulted the complainant with hands and fists and as per the medical report, the injuries sustained to the injured are simple in nature, the applicant is in jail since 25.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. 8. Let applicant, Vishal Kumar Gupta, involved in Crime No. 232/2025, registered at Police Station – Manipur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 331(6) and 3(5) of the 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:- 4 (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 sufÏcient 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 sufÏcient 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. 9. 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 Rajshekhar