1 2026:CGHC:6520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1209 of 2026 Sanju Nihal S/o Gunsagar Nihal Aged About 32 Years R/o Durga Nagar, P.S. New Rajendra Nagar, Tehsil And District - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station New Rajendra Nagar, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Nitesh Sahu, Advocate. For Non-applicant/State : Ms. Nupoor Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2026 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. 94/2025, registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 118(2) of the BNS and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that on 17.05.2025, the complainant lodged the FIR to the effect that the applicant along with his friends, in intoxicated condition, hurled cuss words, beat him with hands and firsts and with knife due to which he received injuries on right thigh. On the basis of which the applicant was arrested by the Police. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicant is said to have assaulted the injured with knife and as per the MLC report, there was a cut injury sustained to the injured on his right hand, but the is a non- vital part of the body. It is further submitted that the applicant has 11 criminal antecedents out of which only 5 are pending. The applicant is in jail since 08.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with knife due to which he has sustained a cut injury on his right hand, and the applicant has 11 criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the applicant has 11 criminal antecedents out of which only 5 are pending, and charge-sheet has been filed against the applicant, further the applicant is said to have assaulted the injured with knife and as per the MLC report, there was a cut injury sustained to the injured on his right hand, but the is a non-vital part of the body, the applicant is in jail since 08.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let applicant, Sanju Nihal, involved in Crime No. 94/2025, registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 118(2) of the BNS and Sections 25 and 27 of Arms Act, 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 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 Rajshekhar