1 2025:CGHC:56612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9368 of 2025 Mithilesh Soni S/o Jitendra Soni Aged About 25 Years R/o Koshtapara, Near Azad Chowk, Dhamtari, Ps - City Kotwali, Dhamtari, District - Dhamtari, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - City Kotwali, Dhamtari, District - Dhamtari, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.11.2025 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. 193/2025 registered at Police Station : City Kotwali, Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 119(2), 109(1), 296, 351(2), 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in short, is that on 08.08.2025 at about 10:35 PM, the accused went to the injured, namely Gopichand Mulwani, and asked him for some money to buy liquor. When the injured refused, the accused ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 10:57:18 +0530 2 started hurling abuses at him and assaulted him with an iron bracelet worn on his hand, causing injuries to the victim’s head. Thereafter, a report was lodged, and the concerned police station, after investigation, filed the charge-sheet. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that in the present case, there was no intention to cause the death of the injured, as the injury is singular and the CT scan report shows that there was no fracture and no internal damage was caused. He further submits that the prosecution case itself shows that the incident occurred due to a sudden altercation between them, and only a single injury was caused with an iron bracelet, no dangerous weapon was used by the applicant, which indicates that there was no intention to cause death. He also submits that the charge-sheet has already been filed before the competent Court and that the present applicant has no criminal antecedents. The applicant has been in jail since 09.08.2025, and the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the case diary not has not been submitted 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 and gravity of the offence, and the further fact that although the allegation against the applicant is that he assaulted the injured with an iron bracelet, which is stated to have caused grievous injuries, the medical 3 report shows that no fracture or grievous injury was found. Moreover, the applicant has no criminal antecedents, and the charge-sheet has already been submitted before the competent Court which is taken on record. The applicant has been in jail since 09.08.2025, and the trial is likely to take some time for its conclusion. Therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mithilesh Soni, involved in Crime No. 193/2025 registered at Police Station : City Kotwali, Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 119(2), 109(1), 296, 351(2), 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient 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 4 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, 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek