1 2025:CGHC:7506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1199 of 2025 Shashikant Yadav S/o Bhawanishankar Yadav Aged About 42 Years R/o Railway Bangla Para, Police Station- City Kotwali, Raigarh, Tahsil And District- Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Of The Police Station- City Kotwali, Raigarh, Tahsil And District- Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Abhishek Saraf, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2025 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. 482/2024 registered at Police Station City Kotwali, Raigarh, Tahsil and District- Raigarh (C.G.) for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Sections 296, 351(2), 115(2), 111(2)(b), 118(1), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that Vaibhav Thakur, the complainant, filed a complaint against the applicant and another persons, alleging that they were assaulted the injured with a knife and abused him with foul language. This incident occurred on August 11, 2024, around 8:30 pm, at Bharat Mata Square near Ashtabhuji Mata Mandir. The complainant and Durgesh were waiting for a customer when Biiju Thakur and the applicant arrived, using abusive words and assaulting the complainant with a knife, resulting in a single injury on the backside of the injured, which was deemed simple in nature according to the MLC report. Another injured, Durgesh also sustained injuries while trying to snatch a hammer from Biiju Thakur. 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 the applicant alongwith other co-accused persons have assaulted the injured persons with sharp edged weapon i.e. vegetable cutter, due to which, one of the injured persons sustained injuries on his back and another injured person sustained injuries on his left hand, right wrist and head, but there is no internal damage caused to the injured persons, which is also opined by the Doctor in the MLC Report. The applicant is in jail since 25.11.2024, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its 3 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. He further submits that the applicant alongwith other co-accused persons have assaulted the complainant/injured persons with sharp edged weapon i.e. vegetable cutter, who received injuries on their persons, further there is seizure of weapon of assault from the present applicant. He also submits that there is no X-Ray Report to show that any internal damage has been caused to the injured persons. 5. therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 25.11.2024, the fact that though the applicant alongwith other co-accused persons have assaulted the complainant/injured persons with sharp edged weapon i.e. vegetable cutter, who received injuries on their persons and there is seizure of weapon of assault from the present applicant, but the injuries sustained by the injured persons are found to be simple in nature, also considering the fact that there is no X-ray report to show that any internal damage has been caused to the injured persons, so far as the case under organized crime is concerned, the same is not against the applicant, whereas it is against the co-accused, further the 4 applicant has no criminal antecedent and 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. 8. Let the Applicant-Shashikant Yadav, involved in Crime No. 482/2024 registered at Police Station City Kotwali, Raigarh, Tahsil and District- Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 111(2)(b), 118(1), 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 5 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. 9. 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