Nafr High Court
Case Details
1 2025:CGHC:37706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5206 of 2025 • Manish Yadav S/o Late Rajulal Yadav Aged About 19 Years R/o- Baigapara Durg, District- Durg (C.G.) ... Applicant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.04 10:58:52 +0530 versus • State Of Chhattisgarh Through Sho Police Station City Kotwali, Durg, District - Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant
Legal Reasoning
: Ms. Priya Sharma, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/07/2025 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. 194/2025 registered at Police Station City Kotwali, District Durg (C.G.) under Sections 296, 351(3), 115(2), 109 and 3(5) of BNS, 2023. 2. That the prosecution story in brief is that the complainant lodged a report on 01.05.2025 and filed a report to the effect that on 2 30.04.2025 he had gone to Baigapara Durg near the mini stadium in front of Sheetla Temple with other companions for the wedding procession of his friend Dharmendra Sahu. At around 10.30 pm, after eating food from the mini stadium, they went home in different ways they were talking saying that they will go, at that time accused one accused Vicky Yadav along with present applicant came there and started pushing and shoving the applicant saying why are you arguing and go away from here. On refusing to do so, all of them together started abusing the applicant and his friend by using obscene language against their mother and sister and started beating them threatening to kill them. Vicky Yadav's and other co-accused attacked his friends Sanjay and Arun with a sharp knife with the intention of killing them, due to which Arun got injured on the back and Sanjay got injured in the chest. On the report of the applicant, as above, in the case, FIR No. 194/2025 was registered by Police Station-City Kotwali, District-Durg under sections 296,351(3), 115(2), 109,3(5) BNS and after completing the investigation in the case, charge sheet has been submitted. Hence this bail application on following grounds. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in crime in question. He further submits that the main allegation for assault is levelled against the co- accused namely Vicky Yadav and only on the basis of his memorandum statement, present applicant has falsely been implicated in crime in question. He also submits that no weapon is recovered from the possession of the present applicant and he is in jail since 01.05.2025 and the conclusion of the trial is likely to take 3 quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would opposes the bail application and submits that the charge-sheet has already been filed in the present case before the competent Court and also endorse the said submission that the applicant has no criminal antecedent. He further submits that the allegation of assaulting the injured with knife is levelled against the co-accused namely Vicky Yadav, as a result of which injured persons have received simple injuries on their back and legs respectively. Only on the basis of memorandum statement of co-accused Vicky Yadav, present applicant is implicated in crime in question, therefore, the present 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 that the present applicant has no criminal antecedent, particularly considering the fact that the allegation of assaulting the injured persons with knife has been levelled against the co-accused namely Vicky Yadav, as a result of which injured persons have received simple injuries on their back and legs respectively, only on the basis of memorandum statement of co-accused, present applicant is implicated in crime in question, and he is in jail since 01.05.2025 and charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Manish Yadav, involved in Crime No. 194/2025 registered at Police Station City Kotwali, District Durg (C.G.) under 4 Sections 296, 351(3), 115(2), 109 and 3(5) of BNS, 2023, be released on bail on their 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 sufficient 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - vaishali Sd/- (Ramesh Sinha) Chief Justice