1 2025:CGHC:56438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8696 of 2025 Amit Soni S/o Shishu Soni Aged About 29 Years R/o Utkal Nagar, Akashvani Parisar, Civil Lines, Police Station Civil Lines, District Raipur, Chhattisgarh.. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Aishwary Diwan, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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. 381/2025 registered at Police Station – Civil Lines District - Raipur (C.G.), for the offences punishable under Sections 296, 115(2), 351(2), 109 of BNS and Sections 25 and 27 of the Arms Act. 2. The prosecution story in brief is that on 09/08/2025, when the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 12:01:57 +0530 2 complainant/victim namely Rajendra Nayak walk near Kabir Chowk, then the Applicant came towards the victim and started abusing the complainant and attacked by using knife which causes fatal injuries on the left side of head and chin. On the basis of aforesaid story, offence under section 296, 115(2), 351(2), 109 of BNS. has been registered by the police station Civil Lines, District- Raipur (C.G.) in crime no.381/2025, dated on 10.08.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that The learned trial Court failed to appreciate that the applicant is a poor labourer and has been in judicial custody since 10.08.2025. It is submitted that the injuries sustained by the complainant are not grievous in nature, and he was not admitted to the hospital even for a single day. The complainant was found to be under the influence of alcohol/toxic substance at the time of medical examination, and the radiologist's report clearly states that no traumatic brain injury was noted. There is no eye-witness to support the prosecution version, and the ingredients of Section 109 BNS (corresponding to Section 307 IPC) are not attracted in the facts of the case. The applicant, who is the sole earning member of his family, has been in jail causing severe hardship to his family. It is further submitted that the incident occurred due to sudden provocation, and the complainant himself, who was holding the knife, attacked the applicant, and the applicant acted only in self-defence. The medical records in the entire charge-sheet do not mention any grievous injury and all reports are normal. Though the applicant has 6 criminal antecedents, five cases have already been disposed of and only one case is pending. 3 The applicant is a permanent resident of the address mentioned in the cause title, with movable and immovable property there, and there is no likelihood of his absconding or tampering with witnesses, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel for the parties, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has no previous antecedents, and further noting that the charge-sheet has been filed and neither the medical report nor the query report is available on record to support the alleged injuries, and also considering that the applicant has been in jail since 10.08.2025 and the trial is likely to take some time to conclude, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Amit Soni, involved in Crime No. 381/2025 registered at Police Station – Civil Lines District - Raipur (C.G.), for the offences punishable under Section 296, 115(2), 351(2), 109 of BNS and Sections 25 and 27 of the Arms Act. , be released on bail on his furnishing personal bond with two local 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 4 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 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 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav