1 2026:CGHC:6317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1260 of 2026 • Suresh Sahu S/o Tijau Sahu Aged About 32 Years R/o Khadouha- Khurd, Out Post/ Chowki Baijalpur, Police Station - Bodla, District - Kabirdham Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Bodla, District - Kabirdham Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Anju Verma, Advocate For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.02.2026 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 applicant who has been arrested in connection with Crime No.112/2025 registered at Police Station : Bodla, District – Kabirdham (C.G.) for the offence punishable under Sections 296, 351(3), 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story on the date of incident on 09.07.2025 at about 4:00 P.M, the applicant assaulted by axe VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.05 15:27:06 +0530 2 on head on a dispute of partition of land and abused and threatened. The complainant Ashwar Sahu has lodged written report, on the basis of said complaint, FIR has been lodged against the applicant. Hence, this bail application. 3. The applicant submits that he has not committed any offence and has been falsely implicated in the present case. He further submitted that the present applicant is alleged to have had an altercation with the injured person regarding the division of land, during which the applicant allegedly used abusive language and assaulted the injured person with an axe, causing injuries to the head. He further submitted that, as per the medical report, only one injury has been found on the left frontal region measuring 4 × 1 × 1 cm, which is not grievous in nature. Additionally, no X-ray report has been produced, which indicates the absence of any internal injury. He also submits that applicant is in jail since 10.07.2025 and the investigation is complete and 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 counsel State counsel opposes the bail application and submits that applicant has two previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, submissions made by learned counsel for the parties and the fact that as per the medical report, only 3 one injury has been found on the left frontal region measuring 4 × 1 × 1 cm, which is not grievous in nature, no X-ray report has been produced, which indicates the absence of any internal injury and the applicant is in jail since 10.07.2025, and the trial is likely to take some time for its conclusion, I am of the considered opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant,Suresh Sahu, involved in Crime No.112/2025 registered at Police Station : Bodla, District – Kabirdham (C.G.) for the offence punishable under Sections 296, 351(3), 109(1) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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. 4 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali