1 2026:CGHC:413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9883 of 2025 Pando Khandekar S/o Jivrakhan Khandekar Aged About 38 Years R/o Village Devgaon, P.S. And Tahsil Masturi, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Baldau Prasad Banjare, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 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. 737/2025, registered at Police Station - Masturi District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) read with Section 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.06 10:38:21 +0530 2 2. The prosecution story in brief, is that the complainant Sant Kumar Khandekar was going to his village in this Motorcycle on 01-11-2025, when he reached near House of Manu Khandekar at about 6.00 PM, at the same time, the applicant due to old enmity started abusing him with obscene languages about his mother and sister and started beating him with an iron rod in his hand and threatened to kill him. Hearing the voice, the son of applicant namely Shivam Khandekar and his wife Bisan Bai also started beating him, due to the beating, he sustained injuries on his right forehead and right knee, due to which the complainant became unconscious. After regaining from unconscious, after about one hours, he was taken to the Community Health Centre Masturi through dial 112, where he was referred and he undergoing treatment at J.J. Hospital Torwa and during the treatment, bed side ticket was obtained from the Hospital. The doctor noted a grievous injuries, but during the investigation the offence under Section of 118 (2) of BNS has been added by the police. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. It is further submitted that the evidence collected by the prosecution is not prima facie sufficient to hold the applicant guilty of the aforesaid offences. The applicant submits that out of the three accused persons in the case, one accused, being a juvenile, has already been released on bail by the Juvenile Justice Board, Bilaspur, vide order dated 18.11.2025, and another co-accused, namely Smt. Bisan Bai, has also been enlarged on bail by the learned Court below vide order dated 21.11.2025, thereby attracting the principle of parity. 3 It is also submitted that the offence under Section 118(2) of the Bharatiya Nyaya Sanhita is not attracted in the present case as an iron rod does not constitute a weapon within the meaning of the said provision. The applicant has been in judicial custody since 17.11.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge sheet has been submitted before the competent Court. She further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is 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. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, the fact that the applicant’s wife, who is a co-accused, has already been granted bail by the trial Court, and that the alleged assault by the applicant was on a non-vital part of the body with an iron rod, coupled with the fact that the applicant has no previous criminal antecedents, that the charge-sheet has already been filed, that the applicant has been in judicial custody since 17.11.2025, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Pando Khandekar, involved in Crime No. 737/2025, registered at Police Station - Masturi District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) read 4 with Section 3(5) of the BNS, 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 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, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav