1 2025:CGHC:8367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1354 of 2025 Tusar Nirmalkar S/o Jitendra Kumar Rajak Aged About 18 Years (Surname Correct As Per Aadhar Card) Shastri Nagar, Camp-02, Police Station - Nath, Bhilai, Tehsil District Durg (C.G.). ... Applicant versus State of Chhattisgarh Through The SHO, Police Station Chhawani, Durg (C.G.). ... Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. For objector : Mr. Anmol Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 436/2024 registered at Police Station – Chhawani, District Durg (C.G.) offence under Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, is that on 29.09.2024, at ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.19 11:47:02 +0530 2 approximately 11:50 PM, one Atul Yadav visited the residence of the complainant, Ashwin Vasnik, and his brother, Pratik Vasnik. Atul Yadav asked them to accompany him, stating that their paternal uncle, Charnu Rajput, had requested to meet them near Shiv Mandir. Upon arrival, a dispute arose, resulting in Charnu slapping Ashwin Vasnik. Subsequently, Rakesh struck him with a steel pipe, and the present applicant, Tushar, hit him with a stump on the body. When Pratik Vasnik intervened, Ashwin Vasnik was assaulted near his stomach and chest with buttoned knives by Charnu and Shera. Shera also attempted to attack Ashwin Vasnik, but he dodged and sustained an injury on his left leg. The perpetrators then fled the scene. An FIR, bearing crime number 436/2024, was lodged at the Chhawani Police Station in Durg on 30.09.2024. A charge sheet, numbered 491/2024, was filed on 26.11.2024. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the main allegation is against the other co-accused persons, namely, Charnu and Shera who assaulted the injured, namely, Prateek Vasnik due to which he sustained grievous injuries. He also submits that for the reason that the present applicant allegedly attacked Ashwin Vasnik with an old wooden stump, striking his body but not any vital parts. Moreover, the injury sustained by Ashwin Vasnik was reportedly caused by an assault with a knife by one Shera, in which the present applicant played no role. Furthermore, no sharp weapon, such as a knife, has been seized from the present applicant. He also submits that the applicant is in jail since 30.09.2024, 3 conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. The learned counsel for the objector opposes the bail application of the applicant and submits that the present applicant, along with other co-accused persons, allegedly assaulted the injured, namely Ashwin Vasnik and Prateek Vasnik, using a knife and a wooden log. As a result, Prateek sustained grievous injuries. Therefore, the applicant is not entitled to regular 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 and the allegation against the applicant is that he assaulted the injured, namely, Ashwin Vasnik by wooden log, due to which he received simple injuries. Moreover, the main allegation is against the co-accused, namely, Charnu and Shera who assaulted the injured, namely, Prateek Vasnik due to which he sustained grievous injuries, the case of the applicant is distinguished from the case of the co-accused, namely, Charnu and Shera. Furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 30.09.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that 4 the present applicant is entitled to be released on bail in this case. 8. Let the Applicant – Tusar Nirmalkar, involved in Crime No. 436/2024 registered at Police Station – Chhawani, District Durg (C.G.) offence under Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his 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. 5 (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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek