1 2025:CGHC:8681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 830 of 2025 Ramakant Baghel S/o Rameshwar Baghel, Aged About 35 Years, R/o - Village - Karhi, Thana - Birra, District - Janjgir-Champa (C.G.). ... Applicant versus State of Chhattisgarh Through SHO Bhatganv, Distt. - Sarangarh - Bilaigarh (C.G.). ... Non-Applicant For Applicant : Mr. Amit Sharma, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2025 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. 236/2022, registered at Police Station – Batganv, District : Sarangarh - Bilaigarh (C.G.) for the offence punishable under Section 307 of Indian Penal Code. 2. The case of the prosecution, is that on 04.12.2022, the applicant entered in the house and assaulted the complainant Savita with help of sharp object, result of this, she sustained injury on her neck, hand and chick, PREETI KUMARI Digitally signed by PREETI KUMARI 2 where the Police registered an offence against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant is said to have assaulted his wife who suffered injuries to her person and injury No. 1 was found to be grievous in nature whereas rest of the injuries were found to be simple in nature . It is further submitted that the applicant is languishing in jail since 29.12.2022 and it is stated that so far as the trial is concerned out of 18 witnesses, 05 witnesses have been recorded including the wife of the applicant and the charge-sheet has been filed in this case and the 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 applicant entered in the house and assaulted the complainant Savita with help of sharp object, result of this, she sustained injury on her neck, hand and chick, 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 the applicant is said to have assaulted his wife who suffered injuries to her person and injury No. 1 was found to be grievous in nature whereas rest of the injuries were found to be simple in nature, further the applicant is languishing in jail since 29.12.2022 and so far as the trial is concerned out of 18 witnesses, 05 witnesses have been recorded including the wife of the applicant and the charge-sheet has been filed in this case and 3 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant- Ramakant Baghel, involved in Crime No. 236/2022, registered at Police Station – Batganv, District : Sarangarh - Bilaigarh (C.G.) for the offence punishable under Section 307 of Indian Penal Code, 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 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 4 and proceed against him in accordance with law. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 Preeti