1 2026:CGHC:7397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1451 of 2026 Kamlesh Sahu S/o Madhav Prasad Sahu Aged About 32 Years R/o Village Raseda, P.S. Akaltara, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Champa, District : Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Shri Purnchand, Advocate. For Respondent/State : Shri Saurabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2026 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.93/2025 registered at Police Station Champa, District Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 351(3) and 109 of the BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.11 11:05:29 +0530 2 2. Case of the prosecution, in brief, is that on 15.03.2025 the complainant Ravi Mahant along with his brother Sandeep Mahant went to Ajay Mirchandani's general store to purchase gutkha pouches at around 10:00 pm. At that time an argument broke out between the complainant and present applicant he is a sugarcane juice seller regarding the removal of an autorickshaw. The applicant called the complainant you are becoming a big goon with the intention of killing him, abused him, and attacked him 15-16 times with an ice pick on both his hands, ribs, and near his left thigh, causing multiple injuries and bleeding. Based on the report, Crime No. 93/2025 was registered against the applicant under sections 109, 296, and 351(3) of the BNS. 3. Learned counsel for the applicant submitted that the applicant is said to have caused injuries by a sharp edge weapon on the injured as there was fight on the trivial issue and the injuries sustained by the injured though was stab injuries but as per the MLC report injuries were found to be simple in nature. He would submit that the applicant has six criminal antecedents, out of which, only two cases are pending and rest are disposed of. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 16/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has six criminal antecedents, out of which, only two cases are pending and rest are disposed of. 3 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, submission of learned counsel for the parties, further the fact that the applicant is said to have assaulted the injured by a sharp edge weapon but as per the MLC report injuries were found to be simple in nature, period of detention of the applicant since 16/03/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kamlesh Sahu, involved in Crime No.93/2025 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 351(3) and 109 of the 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri