1 2025:CGHC:54164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8722 of 2025 Shyamnath Ram @ Penku S/o Devchand Ram Aged About 35 Years R/o Village Khuntatanger, Sanna, Police Station - Sanna, District - Jashpur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sanna, District - Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.11.2025 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 applicant who has been arrested in connection with Crime No. 51 of 2025 registered at Police Station : Sanna District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 333, 109(1), 332(b) & 3(5) of the BNS 2023. 2. The prosecution story in brief is that on 23.06.2025, the complainant Urmila Bai lodged report at Police Station, Sanna, alleging therein that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.07 11:49:23 +0530 2 30.04.2025 at around 11.00 PM, the accused persons came near her house and abused the complainant & her family members and thereafter the accused persons entered into her house, brought her mother Fulmat Bai in courtyard and the accused Aghanu assaulted with Fulmat Bai with the help of spade, due to which, Bulmat Bai received head injury and thereafter the accused persons fled away by giving threatening to kill them. On the basis of said report, the aforesaid offences have been registered against the accused persons including present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The first information report has been lodged after an inordinate delay of more than 14 months from the date of the alleged incident. The injured has not sustained any grievous injury which may endanger life or cause death in the ordinary course of nature; therefore, the offence under Section 109(1) of the IPC is not made out against the applicant. The charge sheet has already been filed, and the trial is likely to take considerable time for its conclusion; hence, the applicant may kindly be released on bail. The applicant undertakes to appear before the trial Court during the course of the trial and shall not misuse the liberty granted to him. The applicant is the sole breadwinner of his family, and his prolonged pre-trial detention will severely affect the livelihood of his family members. The applicant is in judicial custody since 17.08.2025, therefore, he prays for grant of regular bail to the present applicant. 4. Learned State Counsel opposes the bail application and submits that the applicant along with other co-accused persons, entered the 3 complainant’s house, abused her family members, and assaulted her mother, Fulmat Bai, with a spade, causing a head injury, and thereafter fled from the spot after threatening to kill them. Considering the seriousness of the offence and the specific role attributed to the applicant, it is submitted that he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the applicant had no role in causing injury to the complainant, and further considering that the applicant has been in jail since 17.08.2025 and the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Shyamnath Ram @ Penku, involved in Crime No. 51 of 2025 registered at Police Station : Sanna District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3),115(2), 333, 109(1), 332(b) & 3(5) of the BNS 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav