1 2025:CGHC:6531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1026 of 2025 1. Harishankar @ Shankar S/o Late Tikaram Sahu Aged About 26 Years R/o Nilja Ward No.- 06, Ps Kharora, District- Raipur C.G. ... Applicant (In Jail) versus 1. State Of Chhattisgarh Through- S.H.O. Ps Kharora, Raipur, C.G. ... Non-applicant For Applicant : Mr. Akash Mishra, Advocate For Respondent(s) : Ms. Subhra Shrivastava, Panel Lawyer SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to the applicant, who is in custody in connection with Crime No.616/2024 registered at Police Station Kharora, District Raipur (CG) for the offence punishable under Sections 296, 115(2), 351 (2), 109 of the Bhartiya Nyay Sanhita and Section 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that in the night of 14.09.2024 on being informed by her sister that some quarrel is going on at Leela Chowk, injured Digeshwar went there. Family members of NISHA DUBEY Digitally signed by NISHA DUBEY 2 Digeshwar also reached there. At about 8:30 p.m. applicant came alone on spot on his motorcycle, on seeing the injured, started abusing filthily, threatened him for life, took out knife and stabbed on chest of Digeshwar as a result he started bleeding profusely. Injured was taken to the hospital at Kharora from where he was taken to Medical College Hospital Raipur and admitted there for treatment. Based on report of complainant, sister of injured, the instant crime was registered against the applicant and he was arrested by the police on 16.9.2024. 3. Learned counsel for applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He submits that applicant is said to have assaulted the injured by a knife on a trivial issue but CT Scan and X-ray report goes to show that he has not received any bony injury. The injured is already discharged from the hospital and injuries are not endanger to his life. There is no likelihood of applicant’s absconding or tampering with the prosecution evidence. Applicant has been in custody since 16/9/2024, after completion of investigation, charge sheet has already been filed, hence, the custodial interrogation of applicant is not required and the conclusion of trial is like to take time. Therefore, it is prayed that applicant be enlarged on regular bail. 4. On the other hand, learned counsel appearing on behalf of the State has opposed the bail application and submits that as per MLC and query report, the injuries suffered by injured were 3 grievous in nature and dangerous to life. She further submits that there is one criminal antecedent of the applicant under Section 34 of the Excise Act. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that investigation is complete, charge sheet is filed, applicant is in custody since 16.9.2024 and the trial will take time for its conclusion, without commenting anything on merits of the case, this Court is of the view that applicant is entitled to be released on regular bail in this case. 7. Let applicant Harishankar @ Shankar involved in Crime No.616/2024 registered at Police Station Kharora, Raipur (CG) for the offence punishable under Section 296, 115(2), 351(2), 109 of BNSS and Section 25 and 27 of the Arms Act, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial 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 sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 sufficient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously in accordance with law, if there is no legal impediment. 9. Office 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 Nisha