1 2025:CGHC:6803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1067 of 2025 1. Islamuddin S/o Rahmat Ansari Aged About 64 Years R/o Village - Ara Sarnapara, Outpost- Bariyon, Police Station - Rajpur, District - Balrampur - Ramanujganj (C.G.). 2. Mohd. Alamgir S/o Late Nasruddin Ansari Aged About 41 Years R/o Village - Ara Sarnapara, Outpost- Bariyon, Police Station - Rajpur, District - Balrampur - Ramanujganj (C.G.). ... Applicants (In Jail) versus 1. State Of Chhattisgarh Through The Incharge, Outpost - Bariyon, Police Station - Rajpur, District - Balrampur-Ramanujganj (C.G.). ... Non-applicant For Applicants : Mr. Gaurav Singhal, Advocate For Non-applicant : Mr. Amit Verma, Panel Lawyer SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 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.80/2024 registered at Police Out Post- Bariyon, Police Station- Rajpur, District- Balrampur-Ramanujganj NISHA DUBEY Digitally signed by NISHA DUBEY 2 (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 & 302 of Indian Penal Code. (for short ‘IPC’). 2. Case of the prosecution, in brief, is that on 23.02.2024, the complainant, Mohammad Reyaz, lodged a report stating that on the same day at about 07:00 AM, a dispute arose regarding the connection of a water pipe under the Nal Jal Yojna in front of his house. Due to this dispute, the present applicants and other individuals allegedly entered his house and assaulted him and his family members. As a result of the assault, his grandfather, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury to his leg. Based on this report, the concerned police registered an FIR against the present applicants and others under Sections 294, 506, 323, 147, 148, 452 and 427 of the IPC. The injured person was admitted to the Government Hospital in Ambikapur and was taken home by his family members on 26.02.2024. After completing the investigation, the prosecution filed a charge sheet on 09.03.2024 against the applicants and others under Sections 294, 506, 323, 147, 148, 452, 427, and 325 of the IPC. Subsequently, on 26.03.2024, the injured person, Navi Miyan, passed away at home. Following this, the prosecution filed an additional charge sheet, adding Section 302 of the IPC against the present applicants and others. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely 3 implicated in offence in question. He further submits that the applicants have not assaulted the injured on his leg, as the said act was attributed to co-accused Firdosh Alam. It is stated that the injured, aged about 100 years, died in the hospital after one month due to infection that developed as a result of the injury sustained on the leg of the deceased. He further submits that the applicants are in jail since 06.12.2024, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Co-accused Ramzan Ali has already been granted bail by this Court in M.Cr.C. No. 567/2025 vide order dated 27.1.2025 Therefore, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, learned State Counsel appearing for the respondent/ State opposes the bail application and submits that the present applicants along with other co-accused persons entered into complainant house and assaulted him and his family members. As a result of the assault, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury on his leg and subsequently died. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel 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 applicants since 06.12.2024, the fact that though the present applicants and 4 other individuals allegedly entered his house and assaulted him and his family members, as a result of the assault, his grandfather, Navi Miyan, son of Salamat Miyan, aged about 100 years, sustained an injury to his leg, but the said act was attributed to co-accused Firdosh Alam, further the case of present applicant is distinguishable from that of the co-accused Firdosh Alam, who committed the said act, the applicant has no criminal antecedent and as per the MLC, the cause death is infection and the deceased was suffering many diseases and charge-sheet has been filed in the present case and co-accused has already been granted bail vide order dated 27.1.2025 in M.Cr.C. No567/2025 , this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant Islamuddin and Mohd. Alamgir involved in Crime No.80/2024 registered at Police Station – Outpost Bariyon Police Station Rajpur, District Balrampur Ramanujganj (CG) for the offence punishable under Sections 294, 323, 506, 147, 148, 452, 427, 325 & 302 of IPC, be released on regular bail on their 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 applicants shall file an undertaking to the effect that they 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 5 bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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