1 2026:CGHC:8120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1574 of 2026 Bihari Lal Rajak @ Manoj S/o Late Fatte Rajak Aged About 62 Years R/o Village Kuwa, Post Jarodha, Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Takhatpur, District Bilaspur, Chhattisgarh.) ... Non-applicant For Applicant : Mr. Sabyasachi Bhaduri, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2026 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. 420/2025, registered at Police Station Takhatpur District - Bilaspur (C.G.) for the offence punishable under Section 296, 115(2), 109, & 351(2) of the BNS. 2. The prosecution case in brief is that On 06.08.2025, the applicant had gone to attend the death anniversary of his grandmother in village VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 16:34:45 +0530 2 Kua. At 07.00 pm, the applicant's elder brother Kaushal Rajak went to his father-in-law Manoj Rajak alias Bihari's house, who as usual had been eating and drinking at his son-in-law's house, and abused his son-in-law Kaushal Rajak by asking him why he had invited his mother-in-law, and threatened to kill him. 3. It is argued by the learned counsel for the applicant that the applicant is falsely implicated in this case, he further submits that even if the prosecution version is taken at face value, the case rests entirely on weak and unreliable circumstantial evidence; the alleged weapon of offence, namely a table, was admittedly snatched and retained by the complainant and later shown as seized on the basis of the memorandum of the accused, which creates serious doubt regarding the authenticity of the seizure and renders the prosecution story suspicious. It is further submitted that the complainant, along with his relatives, after consuming alcohol, initiated a physical altercation and assaulted the applicant, during which the injuries sustained by Kaushal Kumar Rajak were self-inflicted in the course of the mutual scuffle, and the so-called statements attributed to the applicant were obtained under duress and coercion and are therefore inadmissible. The applicant submits that the case lacks the essential ingredients of an offence, including mens rea, and is based merely on suspicion and presumption without any substantial material. The trial is likely to take considerable time to conclude, and continued incarceration of the applicant would amount to pre-trial punishment, contrary to settled principles of law. The applicant is a daily wage labourer and the sole earning member of his family, and his prolonged detention has caused 3 severe hardship to his dependents. He has consistently asserted his innocence, denied any involvement in the alleged crime, and maintains that he has been falsely implicated through a malicious and conspiratorial complaint. The applicant undertakes to cooperate with the investigation as and when required, is a permanent resident of the address mentioned, and there is no likelihood of his absconding or evading the process of law. He has been in judicial custody since 06.08.2025 and, in these circumstances, deserves to be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 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 alleged against the present applicant, and taking into account that the applicant has no criminal antecedents and is aged about 62 years, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 06.08.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. Accordingly, the application is allowed. 7. Let applicant, Bihari Lal Rajak @ Manoj, involved in Crime No. 420/2025, registered at Police Station Takhatpur District - Bilaspur (C.G.) for the offence punishable under Section 296, 115(2), 109, & 4 351(2) of the BNS, be released on bail on furnishing personal bond with two local 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav