1 2026:CGHC:6765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1352 of 2026 1. Vicky Thakur S/o Mohan Singh Thakur Aged About 19 Years Resident of Telsara Police Station Chakarbhatha Tahsil Bilha District- Bilaspur (C.G.) 2. Ritesh Singh Thakur S/o Mohan Singh Thakur Aged About 23 Years Resident of Telsara, Police Station, Chakarbhatha Tahsil Bilha, District- Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through- The Station House OfÏcer Police of Police Station Chakarbhatha District- Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Devendra Kumar along with Mr. Rishi Sahu, Advocates. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2026 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 applicants who have been arrested in connection with Crime No. 442/2025 registered at Police Station Chakarbhatha, District Bilaspur (C.G.), for the offence punishable under Sections 109, 296, 191(1) and 191(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.07 12:08:09 +0530 2 2. As per the prosecution story, in brief, the complainant, namely Mukesh Vishwakarma, lodged a complaint at Police Station Chakarbhatha, stating therein that on 26.10.2025, in the night, a meeting relating to Goura-Gouri was being held, and at about 9:00 PM, the present applicant along with other co- accused persons abused in filthy language. When one Ganga Ram Yadav objected to the said acts, one of the accused, namely Vikky, assaulted Ganga Ram Yadav with a sharp-edged weapon on his stomach and back. As a result, the said Ganga Ram Yadav sustained multiple injuries on his stomach and back and was admitted to CIMS Hospital. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in this case. He further submits that the applicants have neither committed nor participated in any act which may amount to any of the offences mentioned above. He also submits that apart from the above, the evidence collected by the prosecution does not disclose any prima facie sufÏcient case to hold the applicants guilty of the aforesaid offence. There is no specific allegation against the present applicants regarding assault upon the injured person. He further submits that in the present case, one of the accused, namely Nitesh Singh Thakur, has already been granted bail, and the case of the present applicants is similar in nature. He also submits that the present applicants have been in jail since 27.10.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned counsel appearing for the State/non-applicant opposed the bail application and submitted that the charge-sheet has been filed in the present case before the competent Court. She further submitted that applicant No. 1, namely Vicky Thakur, allegedly assaulted the injured, Ganga Ram Yadav, with a sharp-edged weapon, causing grievous injuries to his stomach and back, therefore, the applicants are not entitled to the grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant No. 1, namely Vicky Thakur, allegedly assaulted the injured, Ganga Ram Yadav, with a sharp-edged weapon, causing grievous injuries to his stomach and back, therefore, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant No. 1 – Vicky Thakur, involved in Crime No. 442/2025 registered at Police Station Chakarbhatha, District Bilaspur (C.G.), for the offence punishable under Sections 109, 296, 191(1) and 191(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, is rejected. 7. Whereas, the applicant No. 02, his case is distinguished from the case of the applicant No. 1 as the main allegation against the applicant applicant No. 1 who has assaulted the injured by sharp-edged weapon, further the fact that the charge-sheet has already been submitted before the competent Court in the present matter and the applicant has been in jail since 27.10.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant No. 2, namely, Ritesh Singh Thakur is entitled to be released on bail in this case. 8. Accordingly, the bail application of the applicant No. 2 – Ritesh Singh Thakur, involved in Crime No. 442/2025 registered at Police Station Chakarbhatha, District Bilaspur (C.G.), for the offence punishable under Sections 109, 296, 191(1) and 191(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, be released on bail on 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 4 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 sufÏcient 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 sufÏcient 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. 9. OfÏce 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