Nagar, Supela, Tehsil And District Durg Chhattisgarh v. State Of Chhattisgarh Through District Magistrate, District Durg C
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:14871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1719 of 2025 B. Aniket S/o B. Peetar Aged About 27 Years R/o Near Chaurasia Building, Krishna Nagar, Supela, Tehsil And District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through District Magistrate, District Durg Chhattisgarh ... Non-applicant For Applicant
Legal Reasoning
: Mr. Avinash Chand Sahu as well as Mr. Aman Tamrakar, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice 27.03.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he 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 Section 296, 351(2), 118(1), 119(1), 3(5) of B.N.S. 2. The case of the prosecution, in brief is that the complainant lodged a report before the concerned police station with the averment that 2 on 26.12.2024 at about 8.20 pm when he returned home from duty his younger brother Mohan Vimal was sitting outside the house when he went inside the house he heard the shouting voice of his younger brother and came out and saw that S. Vijay, S. Ajay and with him Aniket @ Peter, Adarsh @ Chunmun all were asking money to his brother for drink, his brother not having money by saying this, they abused complainant’s brother and S. Vijay hit him with an iron punch and S. Ajay, Adarsh @ Chunmun hit him with some sharp weapon to his brother and hit below both the hips on the head and Aniket @ Peter could not see clearly with whom he hit he had some weapon with him during the investigation the applicant and other co-accused person have been arrested and it is alleged that they beaten the victim on account of which, he sustained serious and grievous injuries. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that the applicant, along with other co-accused, allegedly assaulted the injured using a sharp-edged weapon, resulting in the victim sustaining injuries, including two on non-vital parts of the body and one on the occipital region and as per the query report, the injuries sustained by the victim are simple in nature and so far as the criminal antecedent of the applicant is concerned, the applicant has three criminal antecedents which have
Decision
already been disposed off by paying fine amount, which has been explained though his covering memo and the applicant is in jail since 28.12.2024 and the conclusion of the trial is likely to take 3 some time therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court further, the applicant, along with other co-accused, allegedly assaulted the injured by using a sharp-edged weapon, resulting in the injured sustained injuries, including two on non-vital parts of the body and one on the occipital region however, as per the query report, the injuries sustained by the injured are simple in nature but looking to the act of the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent Court further, the applicant, along with other co- accused, allegedly assaulted the injured by using a sharp-edged weapon, resulting in the injured sustained injuries, including two on non-vital parts of the body and one on the occipital region however, as per the query report, the injuries sustained by the injured are simple in nature and further no internal damage has been caused to the injured and so far as the criminal antecedent of the applicant is concerned, the applicant has three criminal antecedents which has been explained through its covering memo and he is in jail since 28.12.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 4 7. Let applicant, B. Aniket, involved in Crime No. 522/2024, registered at Police Station : Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Section 296, 351(2), 118(1), 119(1), 3(5) of B.N.S., 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 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, 5 (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. Kunal Sd/- (Ramesh Sinha) Chief Justice