1 2026:CGHC:721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9482 of 2025 Akshay Bharati Urf Akshay Paasi S/o Rajendra Prasad Paasi Aged About 19 Years R/o Dabra Para North, Near Shiv Temple, Police Station Old Bhilai, Tehsil- Bhilai, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The SHO, Police Station-Old Bhilai, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 262/2025, registered at Police Station Old Bhilai, District Durg (C.G.) for the offence punishable under Sections 296, 118(1), 119(1), 126(2), 309(6), 311 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the story on 05.07.2025, at around 04:15 PM, the complainant was riding his bicycle when the present applicant, whom he knew from before, stopped him near a service road at Dabra Para and asked him for ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.07 11:49:52 +0530 2 money to purchase alcohol. Upon the complainant’s refusal, the present applicant started abusing him and thereafter took out an amount of Rs. 2,500/- from the complainant’s right pocket and also demanded his mobile phone. When the complainant stated that he was not carrying a mobile phone, the present applicant allegedly attacked him on his right thigh with a thermocol cutter and fled from the spot along with his friend, whom he referred to as Durgesh. Subsequently, an F.I.R. bearing Crime No. 262/2025 was registered at Old Bhilai Police Station, District Durg, on 07.07.2025, and a charge-sheet bearing No. 227/2025 was filed on 01.09.2025. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the F.I.R., which was registered two days after the date of the alleged incident, states that the complainant knew the present applicant beforehand, whereas in the memorandum statement of the present applicant recorded by the police, it is stated that the present applicant did not know the complainant prior to the incident. Therefore, a Test Identification Parade (TIP), which ought to have been conducted to ascertain the true identity of the accused, was not carried out. He also submits that the recovery of the alleged thermocol cutter has been made from an open place accessible to the general public, and therefore, such recovery cannot be said to be reliable. He submits that the present applicant has only 01 criminal antecedent under the IPC . He submits that the applicant has been languishing in jail since 07.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of 3 the applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. She further submits that the present applicant, along with other co-accused person, looted a total amount of Rs. 2,500/- from the complainant and assaulted him with a thermocol cutter, as a result of which he sustained injuries. Therefore, the applicant is not entitled to the grant of regular bail in the present case. 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, it is observed that the allegation against the applicant is that he assaulted the injured person with a thermocol cutter, due to which the injured sustained a lacerated wound on his thigh, resulting in simple injuries and further the applicant has only one criminal antecedent under the IPC. Furthermore, the charge-sheet has already been submitted before the competent Court, and the applicant has been in judicial custody since 07.07.2025. As the conclusion of the trial may take some time, this Court is of the considered view that the present applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Akshay Bharati Urf Akshay Paasi, involved in Crime No. 262/2025, registered at Police Station Old Bhilai, District Durg (C.G.) for the offence punishable under Sections 296, 118(1), 119(1), 126(2), 309(6), 311 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 4 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 his 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. 8. 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