Chattisgarh High Court
Balsay vs State Of Chhattisgarh on 8 September, 2025
1
2025:CGHC:45722
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6001 of 2025
1 - Balsay S/o Mangal Pahadi Korwa Aged About 29 Years R/o Dumarpath Village
Panchayat Durgapur Police Station Shakargarh District Balrampur Ramanujganj
Chhattisgarh
... Applicant
Versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station City
Sarangarh, Distt. Sarangarh-Bilaigarh Chhattisgarh
... Non-applicant
For Applicant : Mr. Vivek Tripathi, Advocate
For Non-applicant : Mr. Akhilesh Kumar, Government Advocate
SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
08/09/2025
1.This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 01/2023 registered at Police Station - Shankargarh, Jagdalpur, District - Balrampur- Ramanujganj, Chhattisgarh for the offences punishable under Sections 294, 506, 323, 147, 148, 149, 449, 302, 307 of the Indian Penal Code, 1860 and under Sections 4 & 5 of Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.
2. Case of prosecution is that complainant lodged in the concenred police station alleging that, applicant along with others on the suspicion that the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 complainant was playing withcraft have assualted her by means of hands, fists and club. Based on the report, aforementioned crime was registered and applicant was arrested on 03.01.2023.
3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is in jail since more than 02 years. Trial may take sometime for its conclusion. There are no other criminal antecedents against the applicant. Hence, he may be enlarged on bail.
4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there is allegation against the applicant of getting hold the injured at the time of assault by means of hands, fists and club by the other assailants. Upon asking, he submits that there is no other criminal antecedent against the applicant.
5. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.
6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.
7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that:
(a) 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.3
(b) 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.
(c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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.
(d) 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. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Dey