The court granted bail noting the applicant's lack of criminal history, absence of direct allegations during the incident, and potential delay in trial, highlighting the importance of evidence in bail considerations.

Order on Board

Digitally signed by PREETI P KR UE ME AT R 1I I6.07 .202 5 KUMARI Date:

2025.07.17

15:06:13 +0530

1. The applicant has preferred this First Bail Application 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 - 42/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Sections 296 , 115, 351(3), 333, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 , 27 of Arms Act . (corresponding Sections 3 07, 147, 156 of IPC.)

2. As per the case of prosecution, the complainant, namely, Gaukaran Tandon lodged a report that on 18.02.2025 at about 7.00 PM complainant had gone out for work and he has been informed that the present applicant and the other co-accused assaulted his son and when he reached home, he saw his son was laying on the floor and the matter was narrated to the police station and the police registered the offence and arrested the applicant. Hence, this bail application

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the main allegation is against the other co-accused who assaulted the victim with knife and he has been enlarged on bail and there is no any allegation of assaulting against the present applicant. He further submits that the applicant has no previous criminal antecedents. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 19.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant.

4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the applicant along with co-accused assaulted the victim, hence, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that, the main allegation pertains to the co-accused who assaulted the victim with a knife, further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 19.02.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed. Let the applicant -

Pankaj Sahu, involved in Crime No - 42/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Sections 296 , 115, 351(3), 333, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 , 27 of Arms Act . (corresponding Sections 3 07, 147, 156 of IPC.), be released on bail on his furnishing a 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