Nafr High Court
Case Details
1 2025:CGHC:7998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1270 of 2025 S. Vijay @ Bijju S/o S. Mohan Aged About 27 Years R/o - Sector- 06 Road-57 House No.-05 Bhilainagar Tehsil And District- Durg (C.G.) versus ... Applicant State of Chhattisgarh Through- S.H.O., Police Station, Bhilai-Nagar District- Durg (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Aman Tamrakar, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.02.2025 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. 522/2024 registered at Police Station- Bhilai-Nagar District- Durg, (C.G.) for the offence punishable under Sections 296, 351(2), 118(1), 119(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.14 18:11:02 +0530 report stating that on 26.12.2024, at about 8:20 PM, when he returned home from duty, he saw his younger brother, Mohan Vimal, sitting outside the house. As he went inside, he heard his 2 brother shouting and immediately came out, where he saw S. Vijay, S. Ajay, Aniket @ Peter, and Adarsh @ Chunmun demanding money from his brother for drinking. When his brother stated that he had no money, they began abusing him. S. Vijay then struck his brother with an iron punch he was carrying, while S. Ajay and Adarsh @ Chunmun attacked him with a sharp weapon, inflicting injuries below both hips and on the head. Aniket @ Peter, who was also armed, assaulted him, but due to poor visibility, the complainant could not clearly see with what weapon he struck During the investigation, the applicant and other co-accused were arrested. It is alleged that they assaulted the complainant, causing serious and grievous injuries. Hence, this bail application. 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 is said to have assaulted the injured with kicks and fists, whereas the other co- accused assaulted him with an iron punch and a knife, the said act was attributed to co-accused. He further submits that the applicant along with three other accused involved in the incident and the injuries sustained by the injured are simple in nature. He further submits that the applicant is in jail since 28.12.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further 3 submits that the present applicant along with the co-accused, assaulted the injured with an iron puch and a knife, causing grievous injuries to his body, 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 28.12.2024, the fact that though the applicant is said to have assaulted the injured with kicks and fists, whereas the other co- accused assaulted him with an iron punch and a knife , but the said act was attributed to co-accused persons and the injuries sustained by the injured are simple in nature, further the case of present applicant is distinguishable from that of the co-accused, who committed the said act, 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. Let the Applicant – S. Vijay @ Bijju, involved in Crime No. 522/2024 registered at Police Station- Bhilai-Nagar District- Durg, (C.G.) for the offence punishable under Sections 296, 351(2), 118(1), 119(1) and 3(5) of Bharatiya 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice