1 2025:CGHC:5312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 823 of 2025 1 - Gajendra Yadav S/o Lakhan Yadav Aged About 19 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) 2 - Lakhan Yadav S/o Bishambhar Yadav Aged About 55 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) 3 - Ajay Yadav S/o Pitambar Yadav Aged About 33 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) 4 - Bodhan Yadav S/o Late Mohan Yadav Aged About 36 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) 5 - Javednra Pal S/o Hemlal Pal Aged About 35 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) 6 - Avinash Yadav S/o Goverdhan Yadav Aged About 19 Years R/o Village - Sakri, P.S. Vidhan Sabha, Dist.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Vidhan Sabha, Dist. - Raipur (C.G.) ... Non-Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Mr. Ankur Agrawal, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Raza Ali, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2025 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 applicants who have been arrested in connection with Crime No. 661/2024 registered at Police Station Vidhan Sabha, Dist. - Raipur (C.G.) for the offence punishable under Sections 115(2), 35192), 324(4), 326(G), 333, 190, 191(3) of Bnaratiya Nyaya Sanhita (for short “BNS”). 2. Case of the prosecution, in brief, is that the accused, applicants No. 1 to 6, allegedly assaulted the complainant and his brothers on the night of 31.10.2024. They also allegedly entered the complainant's house, set fire on him, burned sofa and few other articles. As a result, thereafter, the offence has been registered against co- accused persons, and on the basis of memorandum statement of one of the co-accused persons, present applicants have been arrested. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that eight of the co-accused persons, namely, Pankaj Yadav, Sunil Das Manikpuri, Hemant 3 Manikpuri, Ishwar Yadav, Pradeep Pal, Praveen Pal, Khemlal Sinha and Karan Yadav have already been granted bail by this Court vide order dated 21.01.2025 in MCRC Nos. 547/2025 and 565/2025 and the case of present applicants is similar to that of the co-accused persons. The applicants No. 1 to 5 is in jail since 02.11.2024 and applicant No.6 is jail since 24.12.2024, the applicants have 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 applicants. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that present applicants alongwith other co-accused persons have assaulted the complainant by hands and fists, due to which, the injured/complainant received injuries on his person, therefore, the applicants are not entitled for grant of bail. 5. Learned counsel for the objector submits that complainant/injured has no objection, if the present applicants have been granted 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 applicants No.1 to 5 since 02.11.2024 and applicant No.6 since 24.12.2024, also considering the fact that complainant/injured has no objection, if the present applicants have been granted bail, further eight of the co-accused persons, namely, Pankaj Yadav, Sunil Das Manikpuri, 4 Hemant Manikpuri, Ishwar Yadav, Pradeep Pal, Praveen Pal, Khemlal Sinha and Karan Yadav have already been granted bail by this Court vide order dated 21.01.2025 in MCRC Nos. 547/2025 and 565/2025 and the case of present applicants is similar to that of the co-accused persons, charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants-Gajendra Yadav, Lakhan Yadav, Ajay Yadav, Bodhan Yadav, Javednra Pal and Avinash Yadav, involved in Crime No. 661/2024 registered at Police Station Vidhan Sabha, Dist. - Raipur (C.G.) for the offence punishable under Sections 115(2), 35192), 324(4), 326(G), 333, 190, 191(3) of BNS, be released on bail on their furnishing a personal bond with two sureties each 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 their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 5 proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 sufÏcient 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. 9. OfÏce 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