1 2025:CGHC:55433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8141 of 2025 Pusnath Bhagat S/o Late Lalmohan Bhagat Aged About 22 Years R/o Village- Ekamba, P.S. Sanna, District Jashpur C.G. ... Applicant versus State Of Chhattisgarh Through - S.H.O., P.S. Sanna, District Jashpur C.G. ...Respondent For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.11.2025 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. 58/2025 registered at Police Station - Sanna, District - Jashpur (C.G.), for the offences punishable under Section 296, 351(2), 115(2), 118(1), 109(1) & 3(5) of the BNS. 2. The prosecution is that, complainant Purnima Bai lodged complaint and alleged that on 28.06.2025 the brother of complainant along with VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.14 11:31:52 +0530 2 other person went to the house of applicant/accused for asking about the incident of 27.06.2025 where applicant/accused committed maarpit with cousin of complainant and that time applicant along with his brother utter filthy languages to them and in furtherance co accused Sanjeewan Bhagat assaulted by axe to Labeshwar and when complainant tried to pacify them then applicant also assaulted to her. On the basis of the complaint F.I.R has been registered under Section 296, 351(2), 115(2), 118(1) and 3(5) of B.N.S, and during investigation Section 109 (1) has been added and applicant has been arrested on 24.07.2025. 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 applicant has not committed any offence as alleged by the prosecution. On the date of the incident, the complainant, along with Shivnand, Labeshwar Bhagat, and Jaijitan, unlawfully entered the applicant’s house armed with a knife and stick, used abusive language toward his family members, and demanded a mobile phone. When the applicant brought the mobile phone to hand over, Shivnand assaulted him with a stick, and when the applicant’s mother intervened to pacify them, she was also assaulted by Labeshwar Bhagat. Thereafter, the applicant’s brother, Sanjeewan, arrived with his wife, and he too was attacked by Jaijitan with an iron knife, causing him to fall to the ground, after which the accused persons fled from the spot. The applicant was never the aggressor, and the FIR lodged by his mother substantiates this version of events. The present case is a counterblast to the said FIR, registered merely to falsely implicate the applicant and his brother. The injuries 3 sustained are simple in nature, and no intention to commit any serious offence can be attributed to the applicant. The applicant, aged about 22 years, has been in jail since 24.07.2025, conclusion of the trial may take some time, 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. Considering the facts and circumstances of the case, the nature of the allegations, and the material available in the case diary, it is observed that the present case arises out of a quarrel between two parties of the same village, wherein cross-reports have been lodged by both sides. The complainant has alleged that the applicant and his brother assaulted the complainant’s family members; however, it appears that the incident occurred due to a sudden dispute without any premeditated intention, and the injuries sustained are simple in nature. The applicant has been in judicial custody since 24.07.2025, and the charge sheet has already been filed before the competent Court. Considering that the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Pusnath Bhagat, involved in Crime No. 58/2025 registered at Police Station - Sanna, District - Jashpur (C.G.), for the offences punishable under Section 296, 351(2), 115(2), 118(1), 109(1) & 3(5) of the BNS., be released on bail on his furnishing personal 4 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 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