1 2025:CGHC:55878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9234 of 2025 • Justin @ Bobby Masih S/o Yogesh @ Suresh Masih Aged About 25 Years R/o Behind Water Tank Of Indra Colony, Police Station- Tarbahar, District- Bilaspur (C.G.) At Present Address - Silpahri Suresh Hotel Sirgitti, Police Station- Sirgitti, District - Bilaspur (C.G.) ...Applicant versus • State of Chhattisgarh Through Police Station- Sirgitti, District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent/State : Ms. Pragya Pandey, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 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. 230/2025, registered at Police Station – Sirgitti, District – Bilapsur (C.G.) for the offence punishable under Sections 296(1), 351(2), 110(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complaint has lodged an FIR that on on 05.05.2025 at 1:00 p.m. a dispute arose between the injured VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.18 15:20:24 +0530 2 namely Dipnashu @ Rahul @ Amit Chauhan and the applicants & others co-accused persons namely Raja Manhar and Yogesh @ Subbi Masih, regarding giving way to the tractor. The accused persons uttered of filthy languages, gave threatening of the life to the injured and beaten by hand, fist and iron rod. The injured received injuries on his mouth, jaw and his leg. Thereafter, FIR has been registered against the applicant, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He also submits that on the date of incident there was some quarrel took place between the applicant and injured and the allegation levelled against the present applicant is that he assaulted the injured with hand, fist and iron rod, as a result injured sustained multipal injuries on his mouth, jaw and his leg. He also submits that there is one criminal antecedents registered against the present applicant bearing crime No. 225 of 2021 at police station Tarbahar for the offence under Sections 294, 323, 506, 34, which is pending for conclusion. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, which is pending for it’s conclusion and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, submissions made by learned counsel for the parties, allegation levelled against the applicant and the fact that there is only one criminal antecedent registered against the present applicant, charge-sheet has been filed and conclusion of the trial is likely to take some time and the applicant is in jail since 16.09.2025, looking to the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Justin @ Bobby, involved in Crime No.230/2025, registered at Police Station – Sirgitti, District – Bilapsur (C.G.) for the offence punishable under Sections 296(1), 351(2), 110(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 him 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 4 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 vaishali