1 2026:CGHC:19375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2808 of 2026 1 - Ajay Lodhi @ Ghanshyam Patel S/o Kapil Patel Aged About 23 Years R/o Village Mohtara Post Khandsara, Police Chowki, Khandsara, P.S. And Distt. Bemetara, Chhattisgarh. 2 - Rahul Pandey S/o Kapil Pandey Aged About 21 Years R/o Village Mohtara Post Khandsara, Police Chowki, Khandsara, P.S. And Distt. Bemetara, Chhattisgarh. ... Applicant(s) versus 1 - The State of Chhattisgarh Through The Station House Officer, P.S. Thankhamhariya, Distt. Bemetara, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. Amit Kumar Sahu, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.04.2026 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.6/2026, registered at Police Station – Tankhamhariya, District – Bemetara (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(1), 109(1) and 3(5) of BNS, 2023. 2. The case of the prosecution, is that on 11.01.2026 at 11:55 in the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.28 11:27:46 +0530 2 night the complainant namely Durgesh Lodhi was meet with the accused persons and asked with the accused Ajay Lodhi that where are you wandering around at this late night, on this basis the applicant no. 1 in associations with others co-accused persons and committed mar-pit with the complainant by using filthy language and caused injury to him by sharp weapon and applicant no. 2 has caused injury by stick on this basis the FIR has been lodged against the applicant and others, therefore the crime has been registered for the offences U/s. 296, 351(3), 115(2), 118(1) and 3(5) of BNS and investigated the matter and after investigation the offence Under Section 109 of BNS has been added and arrested the applicants and filed the charge sheet before the learned court below. The applicants have filed a bail application before learned trial court which has been dismissed by the order. Hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that on the date of incident the complainant questioned the accused persons, as to why they were wandering at such a late hour of the night. Thereupon, applicant No.1, in association with the other co-accused persons, assaulted the complainant, used filthy and abusive language, and caused injuries to him with a sharp-edged weapon. Applicant No. 2 is alleged to have caused injuries to the complainant with a stick. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 16.01.2026 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 and submits that there are two previous criminal 3 antecedents registered against the applicant No.1 and applicant No.2 has one criminal antecedent, and all are disposed of, and details of the same are mentioned in the bail application at paragraph No.4(a). She further submits that as per the NCCT report, the injuries sustained by the injured have been found to be simple in nature. 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, submissions made by learned counsel for the parties, nature of injury sustained by the injured also considering the fact that as per the NCCT report, the injuries sustained by the injured have been found to be simple in nature, charge-sheet has been filed in the present case, the applicant are in jail since 16.01.2026, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Ajay Lodhi, and applicant No.2 – Rahul Pandey involved in Crime No.6/2026, registered at Police Station – Tankhamhariya, District – Bemetara (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(1), 109(1) and 3(5) of BNS, 2023., 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 4 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 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