1 2025:CGHC:13117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 816 of 2025 1. Bhagatram Yadav S/o Bahrata Yadav Aged About 71 Years R/o Village Murlidih, P.S. Jaijaipur, Tahsil Jaijaipur District Sakti (Chhattisgarh) 2. Narendra Yadav S/o Bhagatram Yadav Aged About 41 Years R/o Village Murlidih, P.S. Jaijaipur, Tahsil Jaijaipur District Sakti (Chhattisgarh) 3. Goverdhan Yadav S/o Bhagatram Yadav Aged About 46 Years R/o Village Murlidih, P.S. Jaijaipur, Tahsil Jaijaipur District Sakti (Chhattisgarh) ... Applicants versus State of Chhattisgarh Through- Station House OfÏcer, Police Station Jaijaipur, District Sakti (Chhattisgarh) ... Non-applicant For Applicants : Mr. Jai Kumar Dewangan, Advocate. For Non-applicant/State : Mr. Horiom Rai, Panel Lawyer. For Objector : Mr. Shrikant Kaushik, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.20 12:49:29 +0530 2 the applicants who have been arrested in connection with Crime No. 262/2024 registered at Police Station : Jaijaipur, District – Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), and 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, the complainant lodged a report at the concerned police station, stating that during the incident, a simple altercation occurred between the accused persons and the injured person regarding a land dispute. Subsequently, the accused persons allegedly assaulted the injured person using their hands and fists, and uttered filthy language, resulting in injuries to the injured person. Based on this report, the concerned police station registered an offense punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), and 115(2) of the B.N.S. 2023 against the applicants and other accused persons. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that there is a counter case in the said incident and both sides have received injuries. He further submits that the present applicants are in jail since 16.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicants and submits that the charge- sheet has not been submitted before the competent Court. 5. Learned counsel for the objector has also opposed the prayers made 3 by the learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that there is a cross reports of the incidents and both sides have received injures, moreover, the charge- sheet has not been submitted before the competent Court in the present case, the applicants have been in jail since 16.01.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 8. Let the applicants – Bhagatram Yadav, Narendra Yadav and Goverdhan Yadav involved in Crime No. 262/2024 registered at Police Station : Jaijaipur, District – Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), and 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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. 4 (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, 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek