Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59449
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10015 of 2025 Kapoor Pramod S/o Lakhan Singh Kapoor, Aged About 33 Years R/o Vadegaon, Ps- Kurkheda District Gadchiroli, Maharashtra. Present Address - D-65, Crpf Camp, Old Police Headquarters, Civil Lines, Raipur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Of Police Station Civil Lines, District Raipur (C.G.)
... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 08.12.2025
1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since
11.05.2025. Hence, the Court proceeds to consider and hear the
2 bail application of the applicant with the assistance of the State counsel. 3. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail, as he has been arrested in connection with Crime No.206/2025, registered at Police Station Civil Lines, District Raipur (C.G), for the offences punishable under Sections 109 & 296 of BNS. 4. The case of the prosecution, in brief, is that the complainant Sohan Lal Dewangan lodged a report stating that on 08.05.2025 at about 23:00 hours, he was sleeping in his barrack when the accused suddenly arrived, abused him with obscene language, climbed over him, and with an intention to kill, attacked him with a knife and scissors. Due to the assault, the complainant sustained injuries on the left side between the eye and ear, on the chest, arm, and back. On the basis of this report, an offence under Sections 109 and 296 of the Bharatiya Nyaya Sanhita (BNS) was registered, and after investigation, a charge-sheet was filed before the competent court. Hence, the bail application. 5. The learned counsel for the State opposes the bail application and submits that charge-sheet has been filed in the present case.
He further submits that the applicant/accused is alleged to have attacked the complainant Sohan Dewangan with a knife and scissors with the intention to kill, causing injuries on the left side of
3 the face (eye–ear area), chest, arm, and back, after abusing him with obscene language late at night, therefore, the applicant is not entitled for grant of bail. 6. I have perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is alleged to have attacked the complainant Sohan Dewangan with a knife and scissors with the intention to kill, causing injuries on the left side of the face (eye– ear area), chest, arm, and back, the said injuries are found to be grievous in nature, but considering the fact that the as per MRI Report, no internal damage has been caused to the injured, further considering the fact that charge-sheet has been filed and the applicant is in jail since 11.05.2025, the conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Kapoor Pramod, involved in 206/2025, registered at Police Station Civil Lines, District Raipur (C.G), for the offences punishable under Sections 109 & 296 of 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
4 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, 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. 9. Registrar (Judicial) is directed to send a certified copy of this order to the trial Court concerned for communicating the same to the applicant where he is confined. Sd/-
(Ramesh Sinha)
Chief Justice Akhil