1 2026:CGHC:1294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 131 of 2026 Parmanand Sahu S/o Chandrika Sahu Aged About 22 Years R/o Ward No. 13, Near Sai Mandir Village, Dhanora, Police Station Padmanabhpur, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House O2cer, Police Station Padmanabhpur District- Durg (C.G.) ... Non-applicant(s) For Applicant(s) : Ms. Aditi Singhvi, Advocate For Non-applicant/State(s) : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This is the 6rst bail application 6led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 367/2025 registered at Police Station Padmanabhpur, District- Durg (C.G.), for the o<ence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the allegation against the accused persons is that the applicant along with other accused persons were assaulting Akash Sagarwanshi on the night of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 19.10.2025. When the complainant, Poshan Sahu intervened the accused persons hit him also. The co-accused Ravi Baghel stabbed the injured Prem Yadav with a knife. It is alleged that the applicant along with the other co-accused persons had assaulted the injured persons with hand and 6sts and the co-accused Ravi Bhagat had assaulted with knife. Based upon such, FIR has been registered against the applicant along with co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the speci6c allegation against the co-accused, Ravi Bhagat, is that he in@icted a stab injury on the abdomen of the injured with a knife, whereas the allegation against the present applicant is limited only to assault by hands and 6sts. It is further submitted that due to the said incident, the injured sustained injuries, out of which one injured has been received grievous injury but not dangerous to life. The applicant has been in judicial custody since 20.10.2025 and the charge-sheet has already been 6led before the competent Court. It is also submitted that no recovery or seizure has been e<ected from the present applicant. As the conclusion of the trial is likely to take considerable time, learned counsel prays that the applicant may kindly be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that as per the prosecution case, the present applicant actively participated in the incident by assaulting the injured persons with hands and 6sts, while one of the co-accused used a knife and caused stab injuries. Though the applicant did not use a deadly 3 weapon, his role in the assault is clearly established. Considering the nature of the incident, the collective participation of the accused persons, and the seriousness of the allegations, he prays that the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant and the material available on record, it appears that the speci6c allegation against the applicant is limited to assault by hands and 6sts only, whereas the serious allegation of causing stab injury with a knife is attributed to the co-accused. It also appears that no deadly weapon has been recovered from the present applicant. The applicant has been in judicial custody for a considerable period, the charge-sheet has already been 6led and the trial is likely to take time for its conclusion thus, without commenting on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant, Parmanand Sahu, involved in Crime No. 367/2025 registered at Police Station Padmanabhpur, District- Durg (C.G.), for the o<ence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of Bhartiya 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 6le an undertaking to the e<ect 4 that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without su2cient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date 6xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 6xed 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 su2cient 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. 9. O2ce is directed to provide a certi6ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal