1 2025:CGHC:7067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1139 of 2025 Ashish Tiwari S/o Rammilan Tiwari Aged About 30 Years R/o Ramnagar, Motipur, Near Primary School, Rajnandgaon, Tehsil And District Rajnandgaon, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali District Rajnandgaon, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, 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. 780/2024 registered at Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 109, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 27/12/2024, the complainant, Ritika Bansod, filed a report alleging therein that after the demise of her grandmother, Umariya Bai, a resident of Naya Bus Stand, her brother Krishna Bansod had come to attend the funeral rituals. On the night of 26/12/2024, he went to Deepak Tiwari's Paan stall at Naya Bus Stand, Rajnandgaon, to request Gutkha on credit, which led to a dispute between them. On 27/12/2024, at around 3:00 pm, Krishna Bansod saw Deepak Tiwari consuming alcohol in his Paan stall and objected to it, leading to another altercation. Enraged, Deepak Tiwari called his brother, Ashish Tiwari, who arrived on a scooter, took a Bamboo from a nearby fruit vendor, and started beating Krishna Bansod. He then dragged him towards a tree and restrained him. Deepak Tiwari, who was already in possession of a knife, stabbed Krishna Bansod in the stomach, causing injuries, due to which, Krishna Bansod was taken to the hospital for treatment. Thereafter, the 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 applicant alongwith other co- accused person, namely, Deepak Tiwari involved in the case, who is also the main accused, Deepak Tiwari assaulted the injured by knife, due to which, injured sustained injury on vital parts of his body i.e. on abdomen, which is also found to be grievous in nature whereas present applicant has assaulted the injured by blunt object i.e. bamboo stick, due to which, only minor injuries i.e. lacerations, 3 abrasions, and swelling on the eyebrows and left arm, were sustained by the injured, which were found to simple in nature. The applicant is in jail since 28.12.2024, the applicant has one criminal antecedent under Section 279 of IPC, 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. She further submits that applicant alongwith co- accused, namely, Deepak Tiwari were alleged to have assaulted the injured by knife and bamboo stick, due to which injured sustained grievous injuries on vital parts of his body i.e. on abdomen, which is also found to be grievous in nature, 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 05.09.2023, the fact that applicant alongwith other co- accused persons were involved in the present case, present applicant had assaulted the injured by blunt object i.e. bamboo stick, whereas the co-accused, namely, Deepak Tiwari had assaulted the injured by knife, due to which, injured sustained grievous injuries on his vital parts of the body i.e. on abdomen, so far as the injury caused to the injured by present applicant is concerned, there were only minor lacerations, abrasions, and 4 swelling on the eyebrows and left arm were found, which are also found to be simple in nature, further the case of present applicant is distinguishable from that of the co-accused person, also considering the the fact that applicant has only one criminal antecedent, which is under the IPC, 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-Ashish Tiwari, involved in Crime No. 780/2024 registered at Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 109, 3(5) 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil