1 2026:CGHC:21155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4203 of 2026 Sheikh Sahil S/o Sheikh Saleem Aged About 22 Years R/o B B C Colony Telha Nala Near Bholenath Temple Khursipar Police Station Khursipar District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S H O Police Station Chhawani - District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Chhawani - District- Durg (C.G.) for the offence punishable under Sections 109(1), 61(2), 3(5), 189(2) of BNS and 25 & 27 of the Arms Act. 2. Case of the prosecution, in brief, is that the complainant, Rajesh Kumar Sen, lodged a report stating that on 04.01.2026, his son was present at his barber shop when one Ateet Dewangan came there and asked for a haircut. The victim, Punaram Sen, refused to attend him, which led to a quarrel between them. Owing to the said incident, the accused Ateet Dewangan developed a grudge and intended to take revenge. It is further alleged that in furtherance of his plan, the main accused sought the assistance of the present applicant. On the date of the incident, the applicant allegedly dropped the main accused at a dark street near Shiv Mandir. When the victim reached there, he was assaulted by the main accused. Thereafter, the present applicant is alleged to have facilitated the escape of the main accused from the spot. Subsequently, the matter was reported to the concerned police station, upon which the police registered the offence and arrested the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the main accused in the present case is Ateet Dewangan, who assaulted the injured with knife, the only allegation against the present applicant is that 3 he facilitated the escape of the main accused from the spot. The applicant is in jail since 04.01.2026, the applicant has two criminal antecedents of the year 2022 under the IPC, further the charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly assisted the main accused in the commission of alleged offence by dropping him near the place of occurrence, thereby facilitating the assault on the victim, and thereafter helped him to escape from the spot, hence, the applicant acted in furtherance of the common intention of the co-accused. Furthermore, the applicant has two criminal antecedents of the year 2022 under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.01.2026 and the fact that the only allegation against the present applicant is that he assisted the main accused, Ateet Dewangan in the commission of alleged offence by dropping him near the place of occurrence, thereby facilitating the assault on the victim, and thereafter helped him to escape from the spot, but 4 the main assailant in the present case is Ateet Dewangan, who inflicted knife injury upon the injured/victim, as a result of which, injured sustained stab injuries on his person, thus, the case of present applicant is distinguishable from that of co-accused, Ateet Dewangan, who inflicted the knife injury upon the injured, also considering the criminal antecedents of the applicant, which are two in number of the year 2022 under the IPC and the fact that the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sheikh Sahil, involved in Crime No. 13/2026 registered at Police Station Chhawani - District- Durg (C.G.) for the offence punishable under Sections 109(1), 61(2), 3(5), 189(2) of BNS and 25 & 27 of the 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil