1 2025:CGHC:55912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8236 of 2025 1 - Bittu @ Omesh Soni S/o Ishwar Prashad Soni Aged About 28 Years R/o Nagar Panchayat Samoda Thana Arang, District- Raipur 2 - Shivam Soni @ Devendra S/o Tarkeshwar Soni Aged About 22 Years R/o Nagar Panchayat Samoda Thana Arang, District- Raipur ...Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Arang, Raipur District- Raipur (C.G.) ... Non-applicant For Applicants : Ms. Smita Jha, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava,, Panel Lawyer. For Objector : Mr. C.R. Sahu, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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 have been arrested in connection with Crime No. 518/2025 registered at Police Station – Thana - Arang, District - Raipur (C.G.), for the offences punishable under Sections 296,115(2), 324(4), 324(5), 351(2), 331(6) & 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:23 +0530 2 2. The prosecution story in brief is that the complaint filed by the Complainant Arun Kumar Sahu at Arang police station on 07.09.2025 about night 12 o'clock when Puderam Sahu, Pardesiram Sahu, Narendra Kumar Sahu and with his family at that time present applicants with other co accused Ajay Soni, Girdhari and others with stick, danda and iron rod and having knife with Ajay Soni came to his house and break the main gate of house and used filthy abuses and started threatening to kill and started scuffling, hence injured Uderam Sahu, Pardesiram Sahu, Narendra Kumar Sahu get simply injured on the basis of this report of complainant against present applicant lodged FIR at Thana Arang bearing crime no. 518/2025 for offence u/s 296, 115(2), 351(2), 324(4), 324(5),331(6), 3(5) of BNS, 2023. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and has been falsely implicated in the aforesaid case. He also submits that It is submitted that on 05.09.2025, a scuffle had taken place between the complainant’s family and the applicants’ family, after which the complainant and his family members apologized, resulting in a compromise between both families; therefore, the applicants did not lodge any report against the complainant. The applicants have not committed any offence and have been falsely implicated due to previous enmity. No concrete or legally admissible evidence has been produced before the learned Court below to constitute any offence alleged against them. The applicants are young persons belonging to one family and have been in jail since 08.09.2025, therefore, he prays for grant of regular bail to the present applicants. 3 4. On the other hand, the learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicants and submitted that the charge sheet has been submitted before the competent Court. She further submits that the present applicants assaulted injured resulting in grievous injuries. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and as reflected in the case diary, the injuries sustained by the injured person are simple in nature. Moreover, the present applicants have no criminal antecedents, and the charge-sheet has already been submitted before the competent Court. The applicants have been in jail since 08.09.2025, and the conclusion of the trial is likely to take some more time. Therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Bittu @ Omesh Soni & Shivam Soni @ Devendra, involved in Crime No. 518/2025 registered at Police Station – Thana - Arang, District - Raipur (C.G.), for the offences punishable under Sections 296,115(2), 324(4), 324(5), 351(2), 331(6) & 3(5) of the BNS 2023, be released on bail on his furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants 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 them 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