1 2025:CGHC:7066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1131 of 2025 Chovaram Sahu S/o Ishwar Sahu Aged About 20 Years R/o Village Nayapara- Bhothli, Police Station - Arjuni, Tahsil And District - Dhamtari Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Arjuni, District - Dhamtari, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/02/2025 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 applicant who has been arrested in connection with Crime No. 287/2024 registered at Police Station Arjuni, District - Dhamtari (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 115(2), 296, 351(2), 118(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant, Ravi Sharma, filed a complaint report at the Arjuni Police Station on 03.11.2024, alleging therein that he was attacked by Chovaram Sahu at around 12:30 am at Anand Chowk. The applicant alleged that Chovaram Sahu had a dispute with his brothers one day prior to the date of incident and attacked him with a sharp object. When the applicant's brothers, Tomeshwar Sahu, Jitendra Sahu, and their friend Dinesh Dhruv, went to confront Chovaram Sahu, they were met with obscene language and death threats. Chovaram Sahu then attacked Jitendra Sahu, Dinesh Dhruv, and the complainant with a sharp object, causing injuries to their backs and heads. Jitendra Sahu was admitted to the hospital for about 3 days for treatment. Thereafter, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has never intent to kill victim when the accused was instigated the victim on the basis of guilty, the witness has stated that the present applicant has assaulted the injured whereas he was not present at the time of incident. He also submits that though there was injury found on the person of injured, but the injured was discharged from the hospital within three day, further the Doctor has also opined that the injury found on the person of injured is simple in nature. The applicant is 3 in jail since 30.12.2024, the applicant has one criminal antecedent, in which, he has already been acquitted, 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant is alleged to have assaulted the complainant and other injured persons, namely, Jitendra Sahu and Dinesh Dhruv with a sharp edged weapon, causing injuries to their backs and heads, due to which, one of the injured persons Jitendra Sahu was admitted to the hospital for about 3 days for treatment, further the applicant has one criminal antecedent, therefore, he is not entitled for 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, nature and gravity of offence, period of detention of the applicant since 30.12.2024, the fact that though the applicant is alleged to have assaulted the complainant and other injured persons, namely, Jitendra Sahu and Dinesh Dhruv with a sharp edged weapon, causing injuries to their backs and heads, due to which, one of the injured persons Jitendra Sahu was admitted to the hospital for about 3 days for treatment, but the injuries sustained by them are found to be simple in nature, which is also opined by the Doctor, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent, in which, he has already been 4 acquitted, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Chovaram Sahu, involved in Crime No. 287/2024 registered at Police Station Arjuni, District - Dhamtari (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 118(1) of BNS, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil