Court granted bail due to absence of prior criminal record and expected lengthy trial.

Order on Board

17.09 .202 5

1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 909/2025, registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 126 (2), 119(1), 296, 115(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023.

2. As per the prosecution story, in brief, on 30.06.2025, the complainant lodged a complaint at Police Station Sarkanda stating that he is employed in a private job. On the same day, he had gone to Nagoi-Uraihapara, and while returning from the village and reaching near Village Bijour, the accused persons stopped his vehicle and demanded money for liquor. When the complainant refused to pay the amount, the applicants abused him in filthy language and assaulted him, as a result of which he sustained injuries. Accordingly, the aforementioned crime was registered, and the applicant was arrested.

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 applicants also sustained injuries, but unfortunately they did not made any complain. He further submitted that there is no previous criminal antecedents, further the charge-sheet has been filed in this case and the applicant is in jail since 01.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail application of the applicant.

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, the nature and gravity of the allegations levelled against the applicants, and the fact that the applicants have no previous criminal antecedent, further the charge-sheet has been filed in the present case and the applicants are in jail since 01.07.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case.

7. Accordingly, the bail application is allowed. Let applicant Nos. 1, 2 and 3 - Tushar @ Lucky Yadav, Prahlad Yadav and Suraj Sahu involved in Crime No. 909/2025, registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 126 (2), 119(1), 296, 115(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS . is issued and the applicants fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanh