1 2026:CGHC:9089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1790 of 2026 Jigar Soni S/o Rajkumar Soni Aged About 21 Years R/o B.R.P. Colony Station, Maroda, Bhilai, Near Kali Temple, Bhilai, Police Station - Newai, District - Durg (C.G.) ... Applicant State of Chhattisgarh Through - Police Station - Newai, District - Durg (C.G.) ... Non-applicant For Applicant : Mr. Tarun Dansena, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 423/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant reported to Police Station Newai on 24.12.2025 that he was returning home after work from the B.R.P. plant near the house of Ajit Kumar, situated at B.R.P. Colony, Station Maroda, within the jurisdiction of Police Station Newai. During this time, Manish Kumar Ramteke, along with the present applicant, used obscene language in connection with a dispute that had taken place on 23.12.2025. The applicant allegedly fell upon the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.20 17:18:33 +0530 2 complainant and assaulted him on the hand. It is further alleged that Manish Kumar struck the applicant on the neck with a knife kept nearby, however, when the applicant attempted to defend himself, the knife struck him on the back. Upon the arrival of the complainant’s father and other persons, the applicant and the co-accused fled from the spot. During the course of investigation, the aforementioned three accused persons were arrested. On the basis of the report, the police registered an offence under Sections 109 and 3(5) of the B.N.S. After completion of the investigation, a charge sheet was filed before the learned J.M.F.C., Durg, District Durg (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that, as per the statements of the prosecution witnesses, the assault upon the injured was committed by the co-accused. The present applicant allegedly reached the spot after the incident and did not assault the complainant. It is also submitted that the charge-sheet has already been filed, the applicant is in judicial custody since 26.12.2025, and he has no previous criminal antecedents. It is further contended that the trial is likely to take a considerable period for its conclusion. Therefore, prayer has been made for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge sheet has been filed in the present case. He further submitted that the applicant assaulted the injured with his hands and fists, and that the stab injury was inflicted by the co-accused. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the applicant assaulted the injured with his hands and fists, and that the stab injury was inflicted by the co-accused and further, the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since26.12.2025 and conclusion of the trial is likely to take some time, further the case of the present applicant stands on a different footing and is distinguishable from that of the co-accused, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Jigar Soni, involved in Crime No. 423/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 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 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 4 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 Preeti