1 2026:CGHC:396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9635 of 2025 1 - Kaushal Sonkar S/o Horilal Sonkar Aged About 25 Years R/o Near Ganesh Chowk, Kumhari, Police Station Kumhari, District Durg, C.G. 2 - Harsh Sonkar S/o Purushottam Sonkar Aged About 22 Years R/o Near Ganesh Chowk, Kumhari, Police Station Kumhari, District Durg, C.G. ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, P.S. Kumhari, District Durg, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Chandresh Shrivastava, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 1. The applicants have 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.153/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the offence punishable under Sections 296, 351(3), 109, 191(1), 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 17:59:03 +0530 2 2. The case of the prosecution, is that complainant lodged an FIR stating that Lokesh Sahu called the complainant Hemant Rai and informed him that he, along with Gaurav Tiwari, had gone to talk to Akash in order to resolve an old dispute, at Bajrang Chowk, in front of the old Hatri temple in a shed, where Akash's friends Ramanarayan Dhruv alias Nadu, Harsh Sonkar alias Jimmy and Kaushal Sonkar were abusing Gaurav Tiwari with obscene words referring to his mother and sister and was beating him and assaulting him with fists, kicks, and blows with the intention to kill him. Furthermore, with the intent to kill Gaurav Tiwari, Ramanarayan Dhruv alias Nadu attacked him forcefully on the stomach with a knife, causing him severe injuries. Due to this, he was taken to the Government Hospital, Kumhari, for treatment. 3. It is argued by the learned counsel for the applicant that the applicants are innocent and have been falsely implicated in this case and the allegation levelled against the present applicants are that they assaulted the injured by hand and fist. He further submits that co-accused namely Ramnarayan Dhruv alias Nandu assaulted the injured with the help of knife, as a result injured sustained injuries on his stomach. He also submits that there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.08.2025 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 there is no criminal antecedents registered against the present applicants, and the charge-sheet has been filed in this case. 3 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 there is no any criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicant, further allegation levelled against the present applicants are that they assaulted the injured by hand and fist, the applicants are in jail since 10.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Kaushal Sonkar and Harsh Sonkar involved in Crime No.153/2025, registered at Police Station – Kumhari, District – Durg (C.G.) for the offence punishable under Sections 296, 351(3), 109, 191(1), 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 vaishali