1 2025:CGHC:55904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8264 of 2025 Johitram Patel Son Of Late Bulauram Patel Aged About 61 Years Resident Of House No.92, Deepapara, Chapale, Police Station And Tahsil Kharsiya, District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through- The Station House Officer Police Of Police Station Kharsiya District- Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Jeet Ram Patel, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. 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 has been arrested in connection with Crime No. 451/2025, registered at Police Station – Kharsiya District – Raigarh (C.G.) for the offence punishable under Sections 109 read with Section 3 (5) of the BNS. 2. The prosecution story in brief, is that due to the land dispute on 18-08- 2025 at about 16.45 hrs, the present applicant along with his son VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:24 +0530 2 namely Omshankar Patel have assaulted one Kamal Patel on his stomach from the knife, resultantly the said Kamal Patel sustained grievous injuries on his stomach. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that he has neither committed nor participated in any act constituting the alleged offences and the evidence collected by the prosecution does not prima facie establish his guilt. The applicant is a 61-year-old man who was merely trying to intervene in the dispute, and even if the prosecution case is accepted as it stands, the medical documents show that no grievous injuries were sustained by the injured. The applicant has been in jail since 19.08.2025, and being a labourer, his continued detention will cause undue hardship, especially when the trial is likely to take considerable time to conclude. The applicant reserves his right to raise additional grounds and file relevant documents at the appropriate stage of the hearing. He is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding. The applicant is ready to furnish adequate surety and undertakes to abide by all conditions that may be imposed by this Hon’ble Court. 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 3 allegation levelled against the applicant, and the fact that the applicant had no role in causing injury to the complainant, as the injuries were caused by the co-accused Omshankar Patel, the case of the present applicant stands on a different footing from that of the co-accused. Furthermore, the charge-sheet has already been submitted before the competent Court, the applicant has no criminal antecedent, and he has been in jail since 19.08.2025. As the conclusion of the trial may take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Johitram Patel, involved in Crime No. 451/2025, registered at Police Station – Kharsiya District – Raigarh (C.G.) for the offence punishable under Sections 109 read with Section 3 (5) of the BNS, be released on bail on furnishing personal 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 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 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav