The court determined that the nature of allegations and the applicant’s lack of criminal antecedents justify the granting of bail.

Order on Board

25/06/2025

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. 46/2025 registered at Police Station Ranchirai, District-Balod (C.G.) under Sections 296 , 109 of BNS.

2. Case of the prosecution, in brief, is that the accused is alleged of had assaulted the complainant with a knife with an intent to kill him and thus was arrested thereafter aforesaid offence has been registered against the applicant.

3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the injuries received by the injured are simple in nature and according to challan it is clear that applicant had also received injuries. The applicant is in jail since 24.04.2025 and the conclusion of the trial is likely to take 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 oppose the bail application and submit that the charge-sheet has been filed in the present case, looking to the nature of allegation, 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 applicant has no criminal antecedent and charge- sheet has been filed and considering the fact that injuries received by the complainant are simple in nature, applicant is in jail since 24.04.2025, 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 – Prashant Sahu @ Pappu Sahu involved in Crime No. 46/2025 registered at Police Station Ranchirai , District-Balod (C.G.) under Sections 296 , 109 of BNS, 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.