1 2026:CGHC:19392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1851 of 2026 Umeshwar Nishad S/o Rohit Nishad Aged About 21 Years R/o Village Semariyaghat P.S. Bhatapara (Gramin) District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Bhatapara (Gramin) District- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 711/2025 registered at Police Station Bhatapara (Gramin), District – Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 109, 3(5), 190, 191(2) (3) of the Bhartiya Nyaya Sanita, 2023 and Section 25 and 27 of the Arms Act. 2. As per the prosecution story, the complainant, namely Shubham Kumar Verma, went to Police Station Bhatapara Gramin and lodged a written complaint stating that on 06.11.2025, he had gone to attend the Matar ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.28 11:04:10 +0530 2 Madhai Mela at Village Semraiyaghat. There, Karan Verma of the village called him and informed him that Manish Nishad of Semraiyaghat and his companions had stabbed him. He further told the complainant that he was near the bridge and asked him to come and take him to the hospital. Upon receiving the said information, the complainant immediately reached the spot, where the injured informed him that Manish Nishad @ Dhannu and his companions, residents of Village Semraiyaghat, had assaulted him. It was alleged that they objected to his presence at the fair, pushed him near a mango tree, and stabbed him in the stomach with a knife with the intention to kill, due to which he fell on the ground. Thereafter, the accused persons fled from the spot. On the basis of the said report, a crime was registered against Manish Nishad @ Dhannu, Ishwar Nishad, and other persons, and the matter was taken up for investigation. During the course of investigation, memorandum statements were recorded and the accused persons were taken into custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has been implicated only on the basis of the memorandum statement of co-accused persons, and his name does not appear in the FIR. It is also submitted that a co-accused, namely Tilak Nishad, has already been granted regular bail by this Court in MCRC No. 829 of 2026 vide order dated 23.01.2026. Therefore, on the ground of parity, the present applicant is also entitled to be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that an identically situated co-accused has already been granted regular bail by 3 this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the similarly situated co-accused person, namely, co-accused, namely Tilak Nishad, has already been granted regular bail by this Court in MCRC No. 829 of 2026 vide order dated 23.01.2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 09.11.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Umeshwar Nishad, involved in Crime No. 711/2025 registered at Police Station Bhatapara (Gramin), District – Balodabazar- Bhatapara (C.G.), for the offences punishable under Sections 109, 3(5), 190, 191(2)(3) of the Bhartiya Nyaya Sanita, 2023 and Section 25 and 27 of the Arms Act, be released on bail on his furnishing 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, 4 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 Abhishek