1 2025:CGHC:13114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 958 of 2025 Mukesh Tandon S/o Shri Sanjay Tandon Aged About 19 Years R/o Mini Mata Nagar, Talapara, Bilaspur, Police Station - Civil Line, District Bilaspur, (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Civil Line, District Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Satyendra Mahadewa, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. 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 the applicant who has been arrested in connection with Crime No. 50/2025 registered at Police Station : Civil Line Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 118(1), 296, 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.20 12:49:29 +0530 2 2. The prosecution's case is that on 12.01.2025, the complainant lodged a report stating that around 8:00 pm, her husband went for a walk on the road under the streetlight after dinner. Shortly thereafter, the complainant heard a noise and rushed outside to find Mukesh Tandon (the applicant) and the child in conflict with law (co-accused) abusing her husband. He further assaulted him by stabbing him in the stomach. It is alleged that he threatened the complainant's husband's life and subsequently fled the scene. Consequently, an FIR was registered, cognizance was taken, and the applicant was arrested. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that a complaint was lodged by the applicant against the injured person for allegedly teasing the applicant's sister, and that the complainant, harboring animosity, has falsely implicated the present applicant. He further submits that the main allegation is against the co-accused, a minor boy, who is accused of causing injuries to the injured person with a knife. He also submits that the applicant is in jail since 14.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity 3 of offence and further the fact that the main allegation is against the co-accused, a minor boy, who is accused of causing injuries to the injured person with a knife, moreover, the fact that the charge-sheet has been submitted before the competent Court in the present case and the applicant has been in jail since 14.01.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Mukesh Tandon, involved in Crime No. 50/2025 registered at Police Station : Civil Line Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 118(1), 296, 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek