1 2026:CGHC:7326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1424 of 2026 Arvind Chauhan S/o Lt. Lalit Chauhan Aged About 24 Years R/o Village Rambhatha, Ward No. 04 Raigarh, Tehsil And District Raigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station City Kotwali, District Raigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Ms. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2026 1. This is the Second 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. 359/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 190, 118(2), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 10240 of 2025 was rejected on merits by this Court vide order dated 11.12.2025. 3. As per the prosecution story, on 23.07.2025 at about 02:00 PM, the complainant, Govinda Sarathi, along with his friend Sachin Yadav, went ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.11 15:05:34 +0530 2 to Ram Jharna to collect water. After collecting the water, they were returning to Raigarh on a scooter bearing registration number CG-13-AS- 9746. At about 03:00 PM, near the turn in front of the Mahindra showroom, Kunal Sarathi, P.P. Sarathi, Arvind, Vikas, and their other associates met the complainant and, due to old enmity, abused him using obscene language, threatened to kill him, and assaulted him with a knife, sticks, and also with hands and fists. As a result, the complainant suffered injuries on his head, stomach, and left hand. Based on the information provided by the complainant regarding the above incident, a First Information Report (FIR) bearing Crime No. 359/2025 was registered against the applicant/accused Arvind and co-accused Kunal Sarathi, P.P. Sarathi, Vikas, and other associates under Sections 296, 351(3), 115(2), 118(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station City Kotwali, Raigarh, District Raigarh (C.G.), and the case was taken up for investigation. 4. Learned counsel for the applicant submits this is the second bail of the present applicant on the ground that the injuries sustained by the complainant, as mentioned in the Query Report, are simple in nature. He further submits that the bamboo stick (i.e., danda) has been seized from the possession of the present applicant, namely Arvind Chauhan, which is an article commonly found in every household. He also submits that the complainant was admitted to the hospital on 23.07.2025 and was discharged from the said hospital on 27.07.2025. As per the Query Report, the injuries could have been caused by a knife, i.e., a sharp object. Hence, the present applicant has been falsely implicated in the case by the prosecution, as only a bamboo stick has been recovered from the possession of Arvind Chauhan, the present applicant. He also submits that P.W.-1 (Sachin Arora) and P.W.-2 (Ramesh Sarthi), who 3 are prosecution witnesses, have not supported the prosecution case in any manner and have turned hostile. He also submits that only two prosecution witnesses out of sixteen have been examined till date. He also submits that the applicant is in jail since 20.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 5. Learned State Counsel opposes the bail application and submits that the allegations against the applicant are grave and serious. It is contended that the applicant, along with co-accused persons, formed an unlawful assembly and assaulted the complainant, Govinda Sarthi, due to prior enmity. The medical evidence shows that the injured sustained seven injuries, including lacerated wounds caused by sticks and incised wounds caused by a knife, which are opined to be dangerous to life. Considering the gravity of the offence, the use of deadly weapons, and the seriousness of the injuries, it is submitted that the applicant is not entitled to regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, and the fact that this is the second bail application filed by the applicant on the ground that, out of 16 prosecution witnesses, 3 have already been examined, this Court finds it appropriate to consider the matter on merits. The MLC shows that the injured sustained incised wounds caused by a sharp- edged weapon, however, from the possession of the present Applicant, only a wooden stick was seized, thereby distinguishing his case from that of the co-accused who allegedly used a sharp-edged weapon. Further, the Applicant has been in custody since 20.08.2025, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is of the opinion that the applicant is entitled to be released on bail. 4 8. Let the Second Bail of the Applicant – Arvind Chauhan, involved in Crime No. 359/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 190, 118(2), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 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 5 under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce 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 Abhishek