1 2025:CGHC:54172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8808 of 2025 Priyanshu Gangwani S/o Brijesh Gangwani Aged About 21 Years R/o Atal Awas Deorikhurd, P.S. Torwa District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Torwa District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhishek Nirala, Advocate. For Respondent(s) : Mr. Amit Verma, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 338/2025 registered at Police Station Torwa District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 324(2), 118(1), 191(2)(3) and AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 190 of BNS and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 09.08.2025, the complainant Sibbu Gupta was at his residence at Deorikhurd, when the accused persons, namely Nilesh Sonkar, Vikku, Bhuru, and others, came to his house, knocked on the door, and forcibly entered. The accused persons allegedly abused and assaulted the complainant with fists, iron rods, and axes, causing head injuries, due to which he fell unconscious. On hearing the noise, Ajay Sahu, Simran Sahu, Bittu Sahu, Prasuti Sahu, and Laxmi Prasad Sahu arrived at the spot, but they too were assaulted by the accused persons, resulting in injuries to them as well. Subsequently, a crime was registered against the accused persons, including the present applicant, and he was arrested on 10.10.2025. After completion of investigation, a charge sheet was filed before the competent court of law. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Prakash Das @ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.7333 of 2025. The applicant is in jail since 10.10.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly, along with co-accused persons Nilesh Sonkar, Vikku, and Bhuru, forcibly entered the house of the complainant Sibbu Gupta, abused and assaulted him with fists, iron rods, and axes, causing head injuries and rendering him unconscious. When other family members and neighbours tried to intervene, the applicant and co- accused also assaulted them, causing injuries to several persons. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.10.2025, the fact that though the applicant allegedly, along with co-accused persons Nilesh Sonkar, Vikku, and Bhuru, forcibly entered the house of the complainant Sibbu Gupta, abused and assaulted him with fists, iron rods, and axes, causing head injuries and rendering him unconscious, but considering the fact that the identically situated co-accused, namely, Prakash Das @ Chhotani has already been granted bail by this Court vide order dated 15.10.2025 in MCRC No.7333 of 2025 and the applicant has no criminal antecedent, further charge-sheet has 4 been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Priyanshu Gangwani, involved in Crime No. 338/2025 registered at Police Station Torwa District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 324(2), 118(1), 191(2)(3) and 190 of BNS and Section 25 and 27 of Arms Act, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil