1 2025:CGHC:9411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1110 of 2025 Rohan Alias Pintu Sahu S/o Anand Sahu, Aged About 18 Years, R/o Prabhat Chowk, Chingrajpara, Police Station - Sarkanda, District- Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station - Sarkanda, District - Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Ms. Nupur Trivedi, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 50/2025, registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 109, 3(5) of Bharartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 1959. 2. The prosecution story, in brief, is that the complainant is the father of the victim and on 10.01.2025 near about 10:15 am her daughter called him PREETI KUMARI Digitally signed by PREETI KUMARI 2 and has informed that the applicant along with other co-accused named Rohit Rajak has abused and attacked his son on previous revenge between them, with a knife due to which the victim has got severe injuries in his body and subsequently, he has been admitted in nearby hospital. On the said allegation, the FIR has been lodged against the applicant for alleged offence under Sections 296, 109, 3(5) of B.N.S. 2023 and Sections 25 and 27 of Arms Act, 1959. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant and the victim were studying in the same school, and the victim had come with the knife and attacked the applicant tried to save himself on account of which it is stated that the applicant has assaulted the injured with knife, though the victim has received grievous injuries on his right scapular region but there appears to be no any X-ray report, which goes to show that the victim is in fact received internal damage, and further it has been pointed out that the applicants Board examination is scheduled to be held on 03.03.2025, and he is a student of Swami Atmanand Shashkiya Utkrishtha Hindi Mediam School, Bilaspur (C.G.), and his examination schedule has been produced and it is prayed that that the applicant be allowed ad-interim bail. The applicant is in jail since 11.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. It is further submitted that the the applicant along with other co-accused has abused and attacked his son on previous revenge between them with a knife due to which the victim has got severe injuries in his body 3 and subsequently, he has been admitted in nearby hospital. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant, further the fact that the applicant and the victim were studying in the same school, and the victim had come with the knife and attacked the applicant tried to save himself on account of which it is stated that the applicant has assaulted the injured with knife, though the victim has received grievous injuries on his right scapular region but there appears to be no any X-ray report, which goes to show that the victim is in fact received internal damage, and further it has been pointed out that the applicants Broad examination is scheduled to be held on 03.03.2025, and he is a student of Swami Atmanand Shashkiya Utkrishtha Hindi Medium School, Bilaspur (C.G.), and his examination schedule has been produced and it is prayed that that the applicant be allowed ad-interim bail, but considering the fact that that the applicant is a student of class 10th and has to appear in the Board Examination which is to be scheduled on 03.03.2025, the applicant is in jail since 11.01.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. As the instant bail application is being allowed, the IA No.01/2025, application for grant of Ad-interim Bail to the applicant, is Dismissed as withdrawn. 8. Accordingly, the bail application is allowed. Let the applicant - Rohan Alias Pintu Sahu involved in Crime No. 50/2025, registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for the offence 4 punishable under Sections 296, 109, 3(5) of Bharartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 1959, 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 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 5 trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti