1 2025:CGHC:58867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9917 of 2025 Mayank @ Babban Yadav S/o Mohan Yadav Aged About 21 Years R/o Banspara Nandi Chowk, Dhamtari, Ps- City Kotwali, Dhamtari, District- Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station City Kotwali, Dhamtari, District- Dhamtari (C.G.) ... Non-applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 176/2025 registered at Police Station – City Kotwali, District Dhamtari (C.G.) offence under Sections 109(1), 296, of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and Section 27 of the Arms Act. 2. The prosecution story, in short, is that on 24.07.2025, the injured, namely Yashraj Rao, was going with his friend on a motorcycle to buy grocery items. When they reached Nandi Chowk, the accused arrived along with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.05 18:28:59 +0530 2 his friends on a motorcycle and was driving in a dangerous manner, narrowly missing the injured. The injured then asked the applicant to drive safely, upon which the applicant stopped his motorcycle, started abusing the injured, and thereafter assaulted him with a knife on the right side of his chest, causing injuries. Subsequently, the FIR was lodged and the charge sheet has been filed. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that in the present case, there was no intention to cause the death of the injured, as the injury is singular, and the CT scan report of the chest and brain shows that no fracture or internal damage was caused. He further submits that the prosecution case itself shows that the incident occurred due to a sudden altercation between them, and only a single injury was inflicted, which indicates that there was no intention to cause death. The injuries are not fatal in nature so as to cause death, hence, no offence under Section 307 IPC is made out. As per the medical report, no fracture or grievous injury was caused to the complainant. As per the medical report included in the charge sheet, the injuries are not grievous in nature so as to endanger life. He further submits that the complainant has not spent more than 20 days in the hospital to suggest that the injuries were life- threatening and, in fact, was discharged after 5 days. He also submits that the present applicant has no criminal antecedents and he is in jail since 25.07.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned Panel Lawyer appearing for the State/non-applicant opposed the bail application and submitted that the charge sheet has already been filed before the competent Court. She further submitted that the allegation against the applicant is that he 3 assaulted the injured with a knife on the right side of the injured’s chest, causing grievous injury. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and upon perusal of the case diary as well as the medical report of the injured, it appears that though the allegation against the applicant is that he assaulted the injured with a knife on the right side of the chest, causing a stab injury, the said injury is not dangerous to life. Moreover, the applicant has no criminal antecedents, the charge sheet has already been filed before the competent Court, and he has been in jail since 25.07.2025. As the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Mayank @ Babban Yadav, involved in Crime No. 176/2025 registered at Police Station – City Kotwali, District Dhamtari (C.G.) offence under Sections 109(1), 296, of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and Section 27 of the Arms Act, be released on bail on his furnishing 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek