1 2026:CGHC:327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10416 of 2025 Ishwar Nirmalkar S/o Bhagwat Nirmalkar Aged About 50 Years R/o Village- Kotmisonar, Police Station Akaltara, District- Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Akaltara, District- Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aditya Pandey, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 161/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Akaltara, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 3(5), 118(2), 109(1) of BNS. 2. Case of the prosecution, in brief, is that on 01.05.2025, the complainant Govind Ram Patel lodged an FIR alleging that on the same day, while he was returning to his house at Kotmisonar, he was intercepted at around 12:30 PM near Gondpara by the present applicant along with the co-accused Nandkumari Nirmalkar. It is alleged that the co-accused first abused the complainant verbally and thereafter assaulted him. The present applicant is alleged to have assaulted the complainant with a wooden stick, while the co-accused assaulted him with fists. As a result of the said assault, the complainant sustained injuries on his head and face. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that co-accused, namely, Nandkumari Nirmalkar has already been bail by this Court vide order dated 04.09.2025 in MCRC No.7079 of 2025 and the case of present applicantis identical to that of the aforementioned co- accused person. The applicant is in jail since 10.07.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that on 01.05.2025 at around 12:30 PM near Gondpara, he assaulted the complainant Govind Ram Patel by using a wooden stick, causing injuries on the head and face of the complainant, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, and the fact that though the applicant along with co-accused person assaulted the complainant by using a wooden stick, causing injuries on his head and face, but considering the period of detention of the applicant i.e. since 10.07.2025 and the fact that the applicant has no criminal antecedent, further considering the fact that co-accused, namely, Nandkumari Nirmalkar has already been bail by this Court vide order dated 04.09.2025 in MCRC No.7079 of 2025, charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ishwar Nirmalkar, involved in Crime No. 161/2025 registered at Police Station Akaltara, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 4 115(2), 3(5), 118(2), 109(1) of BNS, 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 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 5 accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil