1 2025:CGHC:54181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8803 of 2025 Rajesh Kushwaha S/o Baijnath Kuchwaha Aged About 44 Years Resident Of C.S.E.B. Colony, Thana Darri, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House OfÏcer Kotwali Korba District- Korba (C.G.) ---- Non-applicant(s) For Applicant : Ms. Lata Nayak, Advocate though Legal Aid For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. 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. 634/2024 registered at Police Station-Kotwali, District- Korba (C.G.) for the offence punishable under Section 109 (two times), 296, 351, (3) and 326(छ) of BNS. 2. The case of the prosecution, in brief, is that on the date of the incident, i.e., 26.10.2024, the applicant, under the influence of alcohol, went to the house of the complainant and asked her to have KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 physical relations with him. When she refused, he allegedly abused her in obscene language referring to her mother and sister, threatened to kill her, and showed her a knife. When her elder daughter, Nandita, tried to intervene, he also abused and assaulted her, and thereafter set fire to the household articles kept in the house. On the basis of these allegations, Police Station Kotwali Korba, District Korba, registered a case against the applicant for offences punishable under Sections 109 (twice), 296, 351(3), and 326(छ) of the Bharatiya Nyay Sanhita. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he assaulted his wife and daughter with a knife, resulting in injuries which, upon medical examination, have been found to be simple in nature. It is further submitted that the applicant has been in judicial custody since 26.10.2024, and he has no criminal antecedents. The charge-sheet has already been filed before the competent Court, and the conclusion of the trial is likely to take some time. In these circumstances, it is prayed that the applicant be released on bail. 4. On the other hand, the learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant is alleged to have assaulted the injured persons who is his wife and daughter with knife, causing them injuries. However, the injuries sustained by the injured persons are found to be simple in nature. However, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court further, the applicant assaulted his wife and daughter with a knife, resulting in injuries which, upon medical examination, have been found to be simple in nature and he is in jail since 26.10.2024 and the applicant has no criminal antecedent thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Rajesh Kushwaha, involved in Crime No. 634/2024 registered at Police Station-Kotwali, District- Korba (C.G.) for the offence punishable under Section 109 (two times), 296, 351, (3) and 326(छ) of 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 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. 4 (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. 8. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal