1 2025:CGHC:11187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 777 of 2025 1 - Satan Singh S/o Athli Singh Aged About 65 Years R/o Jamvantpur, Police Chowki - Tatapani, Police Station Ramanujganj, District - Balrampur - Ramanujganj (C.G.) 2 - Matan Singh S/o Athli Singh Aged About 63 Years R/o Jamvantpur, Police Chowki - Tatapani, Police Station Ramanujganj, District - Balrampur - Ramanujganj (C.G.) 3 - Mahendra Singh S/o Matan Singh Aged About 34 Years R/o Jamvantpur, Police Chowki - Tatapani, Police Station Ramanujganj, District - Balrampur - Ramanujganj (C.G.) 4 - Anup Singh S/o Rajesh Singh Aged About 23 Years R/o Jamvantpur, Police Chowki - Tatapani, Police Station Ramanujganj, District - Balrampur - Ramanujganj (C.G.) 5 - Rajesh Singh S/o Matan Singh Aged About 42 Years R/o Jamvantpur, Police Chowki - Tatapani, Police Station Ramanujganj, District - Balrampur - Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Chowki-Tatapani, Police Station- Ramanujganj, Dist. Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhir Sharma, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as they have been arrested in connection with Crime No.212/2024, registered at Police Station Ramanujganj, Dist. Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 190, 191(2), 191(3), 296, 351(2), 115(2), 118(1), 332(b), 109(b) of the BNS. 2. The prosecution story in a nutshell is that on 30.11.2024, the complainant lodged the written Report stating therein that the present applicants forcefully entered in the house of the complainant and threatened to kill her and it is also alleged that there is a dispute between complainant and applicants and on the date of incident, the present applicants assaulted the family members of the complainant. Thereafter offence has been registered against present applicants. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have not committed any offence. From perusal of the F.I.R., it is clear that the applicants have neither committed any offence nor performed any role in the said offence. The applicants have not played any active role in committing the said offence. Prima facie, no offence is made out, because there is no prima facie evidence before the prosecution. He further submits 3 that counter allegations have been levelled by both the parties against each other. The applicants earlier lodged FIR against the complainant bearing Crime No. 213/2024, in response to which, the complainant has lodged the present FIR. Further, the complainant has already been released in the said case lodged against him by the present applicants. He lastly submits that applicants are languishing in jail since 02.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to same time hence, he prays for grant of bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicants and submissions made by them. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that counter allegations have been levelled by both the parties against each other, charge-sheet has already been filed and the applicants are languishing in jail since 02.12.2024 hence, this Court is of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case. 6. Let applicants, Satan Singh, Matan Singh, Mahendra Singh, Anup Singh and Rajesh Singh, involved in Crime No.212/2024, registered at Police Station Ramanujganj, Dist. Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 190, 191(2), 191(3), 296, 351(2), 115(2), 118(1), 332(b), 109(b) of the BNS, be released on bail on his furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (i) The applicants 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 applicants 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 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 his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 applicant is deliberate or without sufficient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Manpreet