1 2025:CGHC:22740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1181 of 2025 Uday Chakradhari S/o Tameshwar Chakradhari Aged About 20 Years R/o Near Taiyyaba Chowk, Marar Gali, P.S. - Civil Line, District- Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station - Civil Lines, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : None. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.06.2025 1. None appears on behalf of Learned counsel for the applicants to press this bail application. The applicant is in jail since 12.05.2024, hence, this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this Second 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. 457/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 324, 307, 506, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 427 of the Indian Penal Code (for short, IPC) and Section 25 of the Arms Act. 3. The case of the prosecution, is that the FIR was lodged at the Police Station concerned that the applicant along with other co-accused persons have on 19.05.2024 near Gousia Biryani Center, Taiyyaba Chowk, Talapara, Bilaspur, have abused the victim and assaulted him on his chest and stomach, on the basis of the complaint made by one Sheikh Sahabuddin @ Chirag the Police has lodged the complaint and arrested the applicant. Hence, this application. 4. In compliance of the Court’s order dated 30.04.2025, the explanation has been given by the trial Court which has been perused by this Court. Furthermore, there is a covering memo filed on behalf of the applicant through his counsel, Mr. Ravi Bhagat, whereby it is stated that the 4 prosecution witnesses including the injured have been examined by the trial Court on 14.05.2025 and 16.05.2025. The first bail application of the applicant was rejected by this Court on merits vide order dated 06.09.2024 passed in MCRC No. 6240/2024. 5. On the other hand, the learned State counsel opposes the bail application and submits that the injuries sustained by the injured are found to be grievous in nature, and the applicant is said to have assaulted the injured with kicks and fists, on which ground the first bail application of the applicant has already been rejected by this Court. Therefore, he is not entitled for grant of bail. 6. I have heard learned State counsel and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that there is a covering memo filed on behalf of the applicant through his counsel, Mr. Ravi Bhagat, whereby it is stated that the 4 prosecution witnesses including the injured have been examined by the trial Court on 14.05.2025 and 16.05.2025, the applicant is in jail since 12.05.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this second bail application. 8. Let applicant, Uday Chakradhari, involved in Crime No. 457/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 324, 307, 506, 427 of the IPC and Section 25 of the Arms Act, 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 sufficient 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. 4 (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. 9. After passing of this order, Mr. Ravi Kumar Bhagat, learned counsel for the applicant appears and prays that his presence may be marked. 10. 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 Rajshekhar