Rohit Sidar Vs State of Chhattisgarh

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. 270/2025 registered at Police Station – Lailunga, District – Raigarh, Chhattisgarh for the offences punishable under Sections 296, 115(2), 351(2), 118(2) of the Bhartiya Nyaya Sanhita, 2023.

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Case of prosecution is that, on 12.10.2025 at about 09:00 P.M. Santoshi Patel has called her brother at her house through phone and she made a request to her brother that she want to go to see Jhagarpur Fair to which, her brother refused and thereafter, the applicant abusing her brother

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Tikam Patel has assualted him by means of axe, due to which, he suffered grievous injury over his head. The report was lodged on 13.10.2025 and thereafter, the applicant was arrested on 26.11.2025.

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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 assault by the applicant to the injured was not intentional, but the applicant has given the blow by means of axe lying nearby in heat of passion. There is no criminal antecedent against the applicant. Investigation is complete, charge-sheet has been filed. Applicant is in jail since 26.11.2025. Hence, he may be enlarged on bail.

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On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there is eye witness to the incident who have seen the applicant assaulting the injured by means of Axe.

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At this stage, learned counsel for the applicant submits that though charges have been framed on 05.01.2026, however, till date, no witnesses have been examined.

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I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.

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Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no criminal antecedent against the applicant, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.

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Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that

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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:

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(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.

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(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.

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(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.

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(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.

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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.

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Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Dey

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Sd/-Sd/(Parth Prateem Sahu) Judge

Rohit Sidar v. State of Chhattisgarh

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Rohit Sidar v. State of Chhattisgarh

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