1 / 5 2025:CGHC:58174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2411 of 2025 1 - Sohel Khan S/o Late Safiq Mohammad Aged About 25 Years R/o - Ward No. 10 Gunderdehi, P.S. - Gunderdehi, District - Balod (C.G.) 2 - Mohammad Saifan S/o Safiq Mohammad Aged About 24 Years R/o - Ward No. 10 Gunderdehi, P.S. - Gunderdehi, District - Balod (C.G.) ... Appellants versus State of Chhattisgarh Through – SHO, Police Station - Gunderdehi, District - Balod (C.G.) ... Respondent For Appellants : Mr. Amit Nayak, Advocate For State /Respondent : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 01/12/2025 1. The instant appeal under Section 14-A (2) of the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 has been filed by the appellants being aggrieved by the impugned order dated 13/10/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.04 11:00:19 +0530 2 / 5 passed by the learned Sessions Judge, Balod, C.G. in Bail Application No.362/2025 whereby the application under Section 483 of B.N.S.S. of the appellants has been rejected. 2. The appellants have preferred this appeal for grant of regular bail as they are arrested in connection with Crime No.284/2025 registered in Police Station Gunderdehi, District Balod, C.G. for offence punishable under sections 296, 115(2), 351(3), 333, 3(5) of BNS 2023 and under Sections 3 (2) (5) of the SC ST Act. 3. As per the prosecution case, on 03/10/2025 at about 11.30 PM Amjad Khan, Saifan Khan, Shamshuddin Khan of the locality in front of the house of the complainant in an intoxicated state were fighting and abusing, on being intercepted by the complainant they also abused the complainant and also threatened to kill him and thereafter assaulted him by way of hands and fists, whereby he sustained injury in his hand. Thereafter, on the basis of the same an FIR was registered and the appellants were arrested. 4. Learned counsel for the appellants would submit that the present is a case of free fight and no any loot was committed with the victim. He would next contend that the injury sustained by the complainant is simple in nature. He would next contend that all the offences are bailable in nature. He would next contend that a trivial incident has been stretched up to the extent of making it a very serious offence. He would lastly contend that the appellants are in jail since 03/10/2025 and the trial will take some more time, therefore, the appellants may be enlarged on 3 / 5 bail. 5. Per contra, learned State counsel opposes the prayer for grant of bail. 6. The complainant appeared through VC from DLSA Balod and he objected for grant of bail to the appellants. 7. I have heard learned counsel for the parties at length and perused the record. 8. Considering the entire facts & circumstances of the case and the gravity of offence as on spur of moment the quarrel took place and the injuries sustained by the appellants were simple in nature. Thus, considering the gravity of offence as it is a case of simple assault as well as considering the detention period of the appellants as they are lodged in jail since 03/10/2025, this Court is of the opinion that since it will take time to conclude the trial, therefore, looking to the entire facts & circumstances of the case, I am inclined to release the appellants on bail. 9. Accordingly, the appeal is allowed and the impugned order is set-aside. 10. Let appellants Sohel Khan & Mohammad Saifan, involved in Crime No.284/2025 registered in Police Station Gunderdehi, District Balod, C.G. for offence punishable under sections 296, 115(2), 351(3), 333, 3(5) of BNS 2023 and under Sections 3 (2) (5) of the SC ST Act, be released on bail on each of them furnishing a personal bond with one local surety in like amount to the satisfaction of the Court concerned with the following conditions:- 4 / 5 (i) The appellants 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 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 appellants shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the appellants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS, 2023 is issued and the appellants fail 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 Bhartiya Nyay Sanhita, 2023. (iv) The appellants 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 2023. If in the opinion of the trial Court absence of the appellants is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such 5 / 5 default as abuse of liberty of bail and proceed against them in accordance with law. 11. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu