1 2025:CGHC:56317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9355 of 2025 1. Rajendra Verma @ Rajendra Bachch S/o. Jhadi Bachhch Aged About 22 Years R/o. Village Birkona, PS Koni, Tahsil and District Bilaspur (C.G.) 2. Rajeev Verma S/o Late Sanjay Verma, Aged About 22 Years R/o. Village Jalso, PS Koni, Tahsil And District Bilaspur (C.G.) ... Applicants versus The State Of Chhattisgarh Through SHO, PS- Koni, District - Bilaspur (C.G.) ... Non-Applicant For Applicants : Mr. Suraj Kumar Audheliya, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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. 358/2025, registered at Police Station – Koni, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of the Arms Act. 2. According to the prosecution, on the night of 09.08.2025, at about 11:30 p.m., the prime accused Anand Verma, Sahil Verma, and 2–3 of their associates, owing to a past enmity, assaulted the complainant/injured on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.20 13:02:10 +0530 2 his abdomen and chest with a knife and a belt, thereby causing injuries. Upon such a complaint by the injured, the officials of PS Koni prepared a Dehati-Nalsi, and subsequent to the registration of the FIR, initially under Sections 109 and 3(5) of the BNS, the prime accused was arrested. Based on their memorandum statements, a total of nine persons, including the aforementioned and seven others (among whom two were minors), were implicated in the crime and arrested. The present applicants are among these seven individuals, who, on the basis of the memorandum statement of the prime accused, were deemed complicit in the crime on 10.08.2025 and were consequently sent to jail. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that nine accused persons were involved in the present case, including the applicant, whereas the FIR was lodged only against two persons, namely, Shahil Verma and Anand Verma. The applicant’s name did not come to light in the statement of the injured; rather, it surfaced only in the statement of the co-accused. According to the statement of the injured, the injuries were caused by the co-accused persons, namely Shahil Verma and Anand Verma. Furthermore, applicant No.1 has no previous criminal antecedent and applicant No.2 has one previous criminal antecedent in which he has been acquitted. Further, the charge-sheet has been filed and the applicants are in jail since 10.08.2025. As the conclusion of the trial is likely to take some time, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that nine accused persons were involved in the present case, including the applicant, whereas the FIR was lodged only against two persons, namely, Shahil Verma and Anand Verma. The applicant’s name did not come to light in the statement of the injured; rather, it surfaced only in the statement of the co-accused, according to the statement of the injured, the injuries were caused by the co-accused persons, namely Shahil Verma and Anand Verma, furthermore, applicant No.1 has no previous criminal antecedent and applicant No.2 has one previous criminal antecedent in which he has been acquitted, further, the charge-sheet has been filed and the applicants are in jail since 10.08.2025, and the case of the applicant is distinguishable from that of the co-accused persons, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Rajendra Verma @ Rajendra Bachch and Rajeev Verma, involved in Crime No. 358/2025, registered at Police Station – Koni, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(2), 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of the 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. 4 (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 his 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 his, 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 his 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 Preeti