1 2025:CGHC:54634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8949 of 2025 1 - Mohammad Sahil Khan @ Sonu S/o Moyuddin Khan Aged About 23 Years (As Per Aadhar Card) (Wrongly Mentioned As Sahil Khan @ Sonu), R/o Camp-02, Power House, P.S Chhawani, District Durg, Chhattisgarh 2 - Mastan Ahmad @ Shanu Khan S/o Uber Ahmad Aged About 24 Years R/o Chatai Quarter, House Of Salman Councillor On Rent, Camp-2, Bhilai, P.S Chhawani, District Durg, Chhattisgarh ...Applicants versus State Of Chhattisgarh Through Police Station Chhawani, District Durg (C.G.) ... Non-applicant For Applicants : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.11.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.516/2025 registered at Police Station – Chhawani District - Durg VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:31:36 +0530 2 (C.G.), for the offences punishable under Sections 109, 296,115(2) & 3(5) of the 2023 and Section 25 and 27 of the Arms Act. 2. The prosecution story Complainant Mukesh Kumar Sonkar lodged a written report on 27/09/2025 that during the Religious procession (Mataji's Chunri Yatra) was being taken out and was passing through Sheetla Mandir and Hanuman mandir and also from Sonkar Mohalla, During the said procession the applicants and their associates deliberately obstruction and disturbance in the peaceful event and at about 09:15 Pm an altercation occurred between the applicants and some participants of the Yatra, which was initially pacified by talking, Subsequently one of the accused threw stone towards the procession and allegedly Applicant no 2 took out a sharp edged weapon (knife) along with applicant no 1 and abused the complainant and others with obscene and filthy language and the aforesaid crime has been crime has been committed and after complete investigation charge sheet has been filed before the competent court. 3. The applicants have been falsely implicated in the present case, as the complaint is purely motivated and preplanned. the present applicants are innocent and have been falsely implicated in the instant case. In fact, the applicants themselves are the victims in this matter, as when they were going for their personal work through the said road, the complainant and others started abusing them, including using derogatory remarks about their religion, and thereafter wrongfully restrained and assaulted them without any provocation. The applicants also sustained severe injuries during the said incident, which took place near the procession, and subsequently received 3 medical treatment at Supela Hospital, the photographs of which are collectively annexed as Annexure A/3 Colly. The maternal grandfather of the applicants also approached the concerned Police Station and submitted a written report dated 28.09.2025, requesting proper investigation and examination of the CCTV footage available at the place of occurrence, a copy of which is annexed as Annexure A/4. It is submitted that, only to safeguard themselves from the legal consequences of their own unlawful acts, the complainant and others have maliciously lodged the present FIR against the applicants, falsely implicating them, while the injuries sustained by the complainant are simple in nature and Section 109 of the Bharatiya Nyaya Sanhita, 2023 and applicants are in jail since 27.09.2025, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge sheet has not been filed. He further submits that the present applicants assaulted injured resulting in grievous injuries. Therefore, the present applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the allegations, and the material available in the case diary, it appears that the alleged incident took place during a religious procession, wherein a quarrel occurred between the parties, and the injuries sustained by the injured persons are simple in nature. The 4 charge-sheet has already been filed before the competent Court, and the applicants have remained in judicial custody since 27.09.2025. As the trial is likely to take some more time, this Court is of the considered view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicants – Mohammad Sahil Khan @ Sonu & Mastan Ahmad @ Shanu Khan, involved in Crime No.516/2025 registered at Police Station – Chhawani District - Durg (C.G.), for the offences punishable under Sections 109, 296,115(2) & 3(5) of the 2023 and Section 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local sureties 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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 applicants are deliberate or without sufficient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against themselves in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav