1 2025:CGHC:59185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9944 of 2025 Chintu Rajak S/o Late Dilip Rajak Aged About 19 Years R/o Rajeev Nagar, Lakholi, Rajnandgaon, Tehsil And District - Rajnandgaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Station City Kotwali, District - Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 434/2025 registered at Police Station City Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 191(1), 191(3), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant Sitaram AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sonkar lodged a report at Police Station City Kotwali, District Rajanandgaon, stating that on 18/08/2025 the present applicant, along with co-accused Bhavesh Sahu, Rahul Shriwas, Rahul Vaishnav, Sawant Yadav and Akash Sahu, assaulted Krishna Sonkar using hands, fists, sticks and a knife, causing multiple injuries on his body. On the basis of the said report, an offence under Sections 109(1), 191(1), 191(3) and 3(5) of the B.N.S. 2023 was registered against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co- accused persons, namely, Rahul Shrivas and Akash Sahu have already been granted bail by this Court vide common order dated 26.11.2025 in MCRC Nos.8469 of 2025 and 8814 of 2025. The applicant is in jail since 22.08.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with other accused persons have assaulted the injured with knife, hard and blunt object and with fists, due to which, the injured persons sustained injuries, one of the injured sustained grievous injuries caused by knife. He also submits that the knife used in the incident 3 has been seized from the present applicant. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.08.2025, the fact that though the applicant along with other accused persons have assaulted the injured with knife, hard and blunt object and with fists, due to which, the injured persons sustained injuries, one of the injured sustained grievous injuries caused by knife, but considering the fact that two of the identically situated co-accused persons, namely, Rahul Shrivas and Akash Sahu have already been granted bail by this Court vide common order dated 26.11.2025 in MCRC Nos.8469 of 2025 and 8814 of 2025, further the applicant has no criminal antecedent and charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Chintu Rajak, involved in Crime No. 434/2025 registered at Police Station City Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 191(1), 191(3), 3(5) 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:- 4 (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, 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil