1 2025:CGHC:61322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9086 of 2025 • Rajesh Nishad S/o Late Shyamlal Aged About 27 Years R/o Village- Patrapalli P.S. Tamnar, Dist Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station, Tamnar, Dist Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12.2025 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. 215/2025, registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 21.09.2025 at evening during Durga Pooja fare was organized at village Jhinkabahal, that time fight between some persons were going on which was tried to resolved by the son of complainant namely Dheera Behra, when injured was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:09 +0530 2 coming with Upendra Behra at that time other accused Sanjeev Behra, Raja Bohidar, Deepak Patel with other persons has assaulted with hockey stick to complainant’s son and his friend Upendra Behra, due to which they have sustained injuries, thereafter FIR has been lodged, hence this bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that there was counter report has been lodged and both parties are received injuries and present applicant has also received injury. He further submits that the allegation levelled against the present applicant is that on 22.09.2025 at 3.00 AM in the night, the present applicant along with other co-accused Sanjeev Behra, Raja Bahidar and other assaulted with hands and fists to the son of the complainant Dhiraj Behra as quarreling was made in the function/fare of Orchestra and it is alleged that the accused persons abused and assaulted with hands, fists and hockey stick, as a result two injured namely Dhiraj Behra and Upendra Behra received injuries and admitted in the hospital. He further submits that injuries received by the injured are simple in nature. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has one criminal antecedent bearing crime NO.196 of 2024, which is pending for it’s conclusion. He Also submits that there are two injured persons Dhiraj Behra and Upendra Behra received injuries and admitted in the hospital and Dhiraj received simple injuries but another injured namely Upendra Behra has grievous injuries, therefore, applicant is not entitlement to 3 grant bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties and also considering the fact that there was counter report has been lodged and both parties were received injuries and present applicant has also sustained injury, hence this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Let applicant, Rajesh Nishad, involved in Crime No.215/2025, registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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, 4 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. Sd/- (Ramesh Sinha) Chief Justice vaishali