1 2025:CGHC:56108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9294 of 2025 Tulsi Das Banjare S/o Rohit Banjare Aged About 26 Years R/o Village Ghulghul, Police Station Lawan, District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Lawan, District Balodabazar-Bhatapara (C.G.) ... Non-Applicant For Applicant : Mr. Ramsajiwan, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18/11/2025 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. 87/2025, registered at Police Station – Lawan, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) read with Section 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’). 2. The case of the prosecution, in brief, is that on 20-02-2025, the complainant Mannu Ram Ratre made complaint stating therein that on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.19 12:18:15 +0530 2 15-02-2025, the present applicant and one other accused person told the complainant for consume the liquor and when the complainant denied to consume the liquor, the accused persons have used filthy language and threatened the complainant to kill him for life and assaulted by hand and fist to the complainant. When the complainant fled away from the spot, the accused persons came near the complainant and assaulted him from the pipe and fled away, resultantly, the complainant sustained grievous injures in his hand and wrist. 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 submitted that the applicant, namely Tuisi Das Banjare, only caught hold of the injured, whereas the co-accused, Umesh Banjare, assaulted the injured with an iron pipe. The injured, Mannu Ram Ratre, sustained injuries on his head and suffered four fractures as per the NCT report dated 15.02.2025. It is further submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed, and the applicant has been in jail since 23.07.2025. Since the trial is likely to take a long time to conclude, 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant, namely Tuisi Das Banjare, only caught hold of the injured, whereas the co-accused, Umesh Banjare, assaulted the injured with an iron pipe further, the applicant has no previous criminal antecedents, the 3 charge-sheet has been filed and he is in jail since 23.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Tulsi Das Banjare, involved in Crime No. 87/2025, registered at Police Station – Lawan, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) read with Section 3(5) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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 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, 4 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