1 2025:CGHC:59212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9976 of 2025 1. Mukesh Bisai S/o Sonsingh Bisai Aged About 36 Years Caste Sundi R/o Uskagudapara Bakawand Thana Bakawand District - Bastar C.G. 2. Milan Bisai S/o Sonsingh Bisai Aged About 38 Years Caste Sundi R/o Uskagudapara Bakawand Thana Bakawand District - Bastar C.G. ... Applicants versus State of Chhattisgarh Through P.S. Bakawand District - Bastar C.G. ... Non-Applicant For Applicants : Mr. Vikash A. Shrivastava, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05/12/2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 55/2025, registered at Police Station – Bakawand District - Bastar (C.G.) for the offence punishable under Sections 296, 115(a), 351(3), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the FIR, the prosecution’s case is that on 26.09.2025, the present applicants allegedly assaulted the complainant with a stick in connection PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 12:12:03 +0530 2 with a land dispute. Upon receiving the written complaint, an FIR was registered against the present applicants. During the course of the investigation, they were arrested, and after completion of the investigation, a charge sheet was filed before the concerned Court. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submits that the applicants are alleged to have caused injuries to the complainant with a blunt object. Although the injuries were found on the head, no internal damage was caused. The applicants have no criminal antecedents, the charge-sheet has been filed, and they have been in jail since 22.10.2025. As the conclusion of the trial is likely to take some time, he prays for the grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the present applicants allegedly assaulted the injured with a stick in connection with a land dispute, as a result of which the injured sustained injuries on his head. Therefore, the applicants are not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants are alleged to have caused injuries to the complainant with a blunt object, although the injuries were found on the head, no internal damage was caused, further the applicants have no criminal antecedents, the charge-sheet has been filed, and they have been in jail since 22.10.2025, and conclusion of the trial is likely to take some time, 3 this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Mukesh Bisai and Milan Bisai, involved in Crime No. 55/2025, registered at Police Station – Bakawand, District - Bastar (C.G.) for the offence punishable under Sections 296, 115(a), 351(3), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 applicants 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 Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti