1 2025:CGHC:9389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1518 of 2025 Sukhu Singh @ Sukhta S/o Late Sevak Aged About 37 Years R/o Aasanpani Patelpara P.S. Shankargarh District - Balrampur Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Shankargarh District- Balrampur - Ramanujganj (C.G.) ... Non-Applicant(s) For Applicant(s) : Ms. Harshika Pandey, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/02/2025 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. 95/2024 registered at Police Station Shankargarh District- Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 307 of Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that the complainant, namely, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kamlesh Nageshia lodged report at Police Station Shankargarh District- Balrampur – Ramanujganj (C.G.) alleging therein that on 12.05.2024 at 10:00 pm, complainant alongwith other persons of village, namely, Phulchand Nageshiya, Raju Agariya, Bablu Nageshiya were sitting beside the bonfire and performing bhajan- kirtan on 13.05.2024 at 2:30 o’ clock, then the applicant arrived there and due to old enmity, the applicant suddenly grabbed the complainant and threw him into the bonfire with the intention of killing him, due to which, both hands, writs, face, back, throat, cheeks of the complainant were burned, 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. She further submits that at the time of incident the complainant was in drunken state and he himself fell in bonfire under the influence of alcohol, due to which, he sustained burn injuries on his person, whereas the applicant was at his home with his family at the time of the incident, the name of present applicant has been implicated in present case only on account of some previous animosity of applicant with the complainant. She also submits that the injuries sustained by the victim/injured is not grievous in nature and the applicant never caused any injury to the injured, the incident took place due to negligence of complainant himself. The applicant is in jail since 13.05.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is 3 likely to take some time for its conclusion. Therefore, she 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. She further submits that the applicant on account of some previous animosity had grabbed the complainant and threw him into the bonfire, due to which, the injured sustained multiple burn injuries 13 % burn injury on his wrist, back, neck and cheeks and the said injuries are opined grievous in nature, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 applicant since 13.05.2024, the fact that though the applicant is alleged to have grabbed the complainant and threw him into the bonfire, due to which, the injured sustained multiple burn injuries, 13 % burn injury on his wrist, back, neck and cheeks and the said injuries are also opined grievous in nature, but the same are not be dangerous to life, further the 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. 7. 7. Let the Applicant-Sukhu Singh @ Sukhta, involved in Crime No. 95/2024 registered at Police Station Shankargarh District- Balrampur - Ramanujganj (C.G.) for the offence punishable under 4 Section 307 of IPC, 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil