1 2025:CGHC:59216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9952 of 2025 Lakshmi Prasad Kenwat S/o Ramesh Kenwat Aged About 19 Years R/o Village Bhooribhatha, Jalso, Ps Koni, District - Bilaspur, Chhattisgarh. ... Applicant(s) versus The State Of Chhattisgarh Through SHO To Ps Koni, District - Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Suraj Kumar Audheliya, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, 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. 0358/2025 registered at Police Station Koni, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(2), 191(3), of BNS and Sections 25 & 27 of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Arms Act. 2. Case of the prosecution, in brief, is that the incident occurred on the night of 09.08.2025 at around 11:30 p.m., when the prime accused Anand Verma, Sahil Verma, and 2–3 of their associates, due to previous enmity, allegedly assaulted the complainant/injured person. They are said to have inflicted injuries on the complainant’s abdomen and chest using a knife and a belt. Based on the complainant’s report, the police officials of PS Koni prepared a Dehati Nalsi and subsequently registered an FIR initially under Sections 109 and 3(5) of the BNS. The prime accused were arrested soon after. 3. During the investigation, and on the basis of the memorandum statements of the prime accused, a total of nine persons including the prime accused and seven others (two of whom were minors) were implicated and apprehended. The present applicants are among these seven persons who were named in the memorandum of the prime accused on 10.08.2025 and were thereafter taken into custody. Thus, the prosecution asserts that the present applicants, along with the prime accused and others, were involved in committing the assault in furtherance of a common intention arising out of prior enmity. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in 3 offence in question. He further submits that two of the identically situated co-accused persons, namely, Rajendra Verma and Rajeev Verma have already been granted bail by this Court vide common order dated 19.11.2025 in MCRC No.9355 of 2025. The applicant is in jail since 10.08.2025, the applicant has no criminal antecedent, 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. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the allegation against the applicant is that, based on the memorandum statements of the prime accused, he was involved in the assault incident of 09.08.2025, wherein the complainant was attacked with a knife and a belt due to prior enmity. The applicants were named as participants in the offence and were arrested on 10.08.2025 for their alleged complicity in the crime. Therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 10.08.2025, the fact that though the applicant has been involved in the assault incident of 09.08.2025, wherein the 4 complainant was attacked with a knife and a belt due to prior enmity, but considering the fact that present applicant is not named in the FIR and two identically situated co-accused persons, namely, Rajendra Verma and Rajeev Verma, who were also not named in the FIR have already been granted bail by this Court vide common order dated 19.11.2025 in MCRC No.9355 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. 8. Accordingly, the application is allowed. 9. Let the Applicant-Lakshmi Prasad Kenwat, involved in Crime No. 0358/2025 registered at Police Station Koni, District - Bilaspur (C.G.) for the offence punishable under Sections 109, 191(2), 191(3), of BNS and Sections 25 & 27 of Arms Act, 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 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 5 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. 10. 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