1 2025:CGHC:56319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9342 of 2025 Rohit Tiwari S/o Dayashankar Tiwari Aged About 38 Years R/o Bheem Nagar, Shankar Chowk Supela, District- Durg (C.G.) (Prescription of The Applicant Mentioned As Per Charge Sheet) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Supela District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Rishi Sahu, Advocate. For Non-Applicant/State : Mr. Soumya Rai, 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. 495/2025, registered at Police Station – Supela District- Durg (C.G.) for the offence punishable under Sections 109(1), 61(2) and 111(4) of Bharatiya Nyaya Sanhita and Sections 25 and 27 of Arms Act. ( As per charge-sheet). 2. As per the prosecution story, in brief, the complainant/injured lodged an FIR on 30.04.2025 stating that he runs a small business at Civic Center, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.20 12:46:11 +0530 2 Bhilai. His younger brother, Rahul Singh @ Rahula, who had been released from jail about a month earlier, informed him and their mother that the applicant had been threatening him. He was advised not to leave the house. On 30.01.2025, the injured stepped out of his house at about 10:40 a.m. and was walking on the road between Laxmi Nagar and Farid Nagar. When he reached near Suraj Kirana Stores, the accused persons attacked him with a chapad (a sharp weapon used for cutting goats), causing grievous injuries to his cheek, neck, and head. Consequently, the aforementioned crime was registered and the accused persons were arrested. 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 although the applicant is alleged to have assaulted the injured with a sharp weapon on the parietal region, and the injury was found to be grievous in nature, there is no X-ray report or CT scan of the head to show that any internal damage was caused to the injured. It is further submitted that the co-accused persons, namely Suraj Gupta and Dinesh Singh @ Muchchhu, have already been granted bail by this Court vide orders dated 07.08.2025 and 14.10.2025 passed in MCRC Nos. 6227/2025 and 7308/2025, respectively. The charge-sheet has been filed, and the applicant has been in jail since 01.05.2025. 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. He further submits that the applicant has five previous criminal antecedents of the year 2013, 2017, 2019 and 2020, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that although the applicant is alleged to have assaulted the injured with a sharp weapon on the parietal region, and the injury was found to be grievous in nature, there is no X-ray report or CT scan of the head to show that any internal damage was caused to the injured, further the co-accused persons, namely Suraj Gupta and Dinesh Singh @ Muchchhu, have already been granted bail by this Court vide orders dated 07.08.2025 and 14.10.2025 passed in MCRC Nos. 6227/2025 and 7308/2025, respectively, the charge-sheet has been filed, and the applicant has been in jail since 01.05.2025, further, the applicant has five previous criminal antecedents, which is old and stale, and conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Rohit Tiwari, involved in Crime No. 495/2025, registered at Police Station – Supela, District- Durg (C.G.) for the offence punishable under Sections 109(1), 61(2) and 111(4) of Bharatiya Nyaya Sanhita and Sections 25 and 27 of Arms Act.( As per charge-sheet), 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 4 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 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