1 2025:CGHC:59317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9689 of 2025 Parth Sahu @ Raju Sahu S/o Shri Thanuram Sahu Aged About 27 Years R/o Village Ghogha, P.S. - Hathbandh, District - Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Pandri, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 217/2024, registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 109, 351(3) read with Section 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that on 06.07.2024, the complainant Ishrat Khan lodged a complaint that, when he was on duty (guard in Mahavir Hospital) then he saw the applicant and the co-accused Hiravan Sahu holding and dragging the victim Kaushik Rana, and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Hiravan Sahu (co-accused) stabbed the victim with a knife on his stomach, and the applicant hit the victim on his head with a brick, due to which the victim ran away from there, then both the accused followed the victim. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is submitted that it is the co- accused who is said to have caused stab injuries on the body of the injured, and so far as the applicant is concerned, he is said to have assaulted the injured with brick. The applicant is in jail since 06.07.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused is said to have assaulted the injured and applicant is said to have assaulted the injured with brick, on account of which the injured has sustained stab injuries on his person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, further the fact that it is the co-accused who is said to have caused stab injuries 3 on the body of the injured, and so far as the applicant is concerned, he is said to have assaulted the injured with brick, the applicant is in jail since 06.07.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Parth Sahu @ Raju Sahu, involved in Crime No. 217/2024, registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 109, 351(3) read with Section 3(5) of BNS and Sections 25 and 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 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. 4 (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. 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 Rajshekhar