1 2025:CGHC:8162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1327 of 2025 Laxman Prasad Korwa S/o Lohra Korwa Aged About 32 Years R/o Village Maheshpur, Police Station - Darima, District - Sarguja (C.G.). ... Applicant versus State of Chhattisgarh Through The Police Station - Darima, District – Sarguja (C.G.). ... Non-applicant For Applicant : Mr. Sanjeev Verma, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.02.2025 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. 117/2024, registered at Police Station Darima, District – Sarguja (C.G.) for the offence punishable under Section 109, 296, 332(b) and 74 of the Bharatiya Nyaya Sanhita (BNS). 2. The prosecution story, in brief, is that on 24.08.2024 the complainant lodged an FIR against the applicant alleging that in the 2 night of 21.08.2024, the complainants wife Mrs. Martha Minj who was sleeping in her new house whereas, their son was sleeping in their old house at about 11:30 PM, their neighbour i.e. the applicant snatched the electricity wire of their house due o which the electricity supply is off and thereafter kicking on the door by using filthy language and due to which the door was open and with the intention to outrage the modesty of the complainants wife, the applicant caught hold to the complainants wife and when she protested, at that time, the applicant with the help of iron rod which has been used for locking the door assaulted in the head of the complainants wife and thereafter fled away from the place of incident. Hence, this application. 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 submitted that the victim/wife of the complainant is a major lady aged about 52 years and there was some animosity between the applicant and the complainant and earlier some incident had taken place between the two and the wife of the applicant has filed complaint against the complainant before the Superintendent of Police, Ambikapur, District – Sarguja (C.G.) and no any action was taken for the said incident, and due to enmity between the parties the FIR was lodged against the applicant by the husband of the victim, further the injuries sustained to the victim are simple in nature and further the Investigating OfÏcer of the present case happens to be the son-in-law of the complainant. It is also submitted 3 that the charge-sheet has been filed in this case. The applicant is in jail since 25.08.2024 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 been filed in the present case. It is further submitted that on 24.08.2024 the complainant lodged an FIR against the applicant alleging that in the night of 21.08.2024, the complainants wife Mrs. Martha Minj who was sleeping in her new house whereas, their son was sleeping in their old house at about 11:30 PM, their neighbour i.e. the applicant snatched the electricity wire of their house due o which the electricity supply is off and thereafter kicking on the door by using filthy language and due to which the door was open and with the intention to outrage the modesty of the complainants wife, the applicant caught hold to the complainants wife and when she protested, at that time, the applicant with the help of iron rod which has been used for locking the door assaulted in the head of the complainants wife and thereafter fled away from the place of incident. 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. 4 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim/wife of the complainant is a major lady aged about 52 years and there was some animosity between the applicant and the complainant and earlier some incident had taken place between the two and the wife of the applicant has filed complaint against the complainant before the Superintendent of Police, Ambikapur, District – Sarguja (C.G.) and no any action was taken for the said incident, and due to enmity between the parties the FIR was lodged against the applicant by the husband of the victim, further the injuries sustained to the victim are simple in nature and further the Investigating OfÏcer of the present case happens to be the son-in-law of the complainant, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 25.08.2024 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. Let applicant - Laxman Prasad Korwa involved in Crime No. 117/2024, registered at Police Station Darima, District – Sarguja (C.G.) for the offence punishable under Section 109, 296, 332(b) and 74 of the 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 5 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar