1 2026:CGHC:9487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1895 of 2026 1 - Mithlesh Nishad S/o Mahaveer Nishad Aged About 19 Years R/o Sarkas Maidan Bhatapara, Police Station- Bhatapara-City, District- Balodabazar Chhattisgarh. 2 - Bhagirathi Nishad S/o Mahaveer Nishad Aged About 22 Years R/o Sarkas Maidan Bhatapara, Police Station - Bhatapara- City, District- Balodabazar Chhattisgarh. (Details Of The Applicants Are Mentioned As Per The Charge Sheet) ... Applicants versus 1 - State of Chhattisgarh Through S H O - Bhatapara- City, District- Balodabazar Bhatapara, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Tessy Abraham, Advocate For Respondent/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2026 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 they have been arrested in connection with Crime No. 591/2025, registered at Police Station – Bhatapara City, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 109(1), 191(1), 191(2), 190 of the Bharatiya VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.25 11:12:54 +0530 2 Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that complaint complainant namely Heeralal Yadu has lodged a report before the police station that on the auspicious occasion of Devuthani Festival all the residents of the locality collectively installed an idol of Gora-Gouri near Sai Mandir & Shiv Mandir in Shanti Nagar. On 01.11.2025, all locality residents gathered together with music and festivities to immerse the Gora- Gouri Idol at Mata Devalaya Talab. Upon reaching the area the procession encountered Vikram Yadav and his associates, who were returning from immersing their own Gora-Gouri idol forcibly began dancing to the music playing for the complainants Gora-Gouri idol, upon objecting and prohibiting such dancing Vikram Yadav and his associates retorted "who are you to stop us"? they then hurled obscene abuses and in unison assaulted the complainant and others with the premediated intent to murder. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case and the applicants are in jail since 03.11.2025 and 04.11.2025 respectively. It is also contended that trial is likely to take quite long time for its conclusion. Apart from this, it is also contended that cross reports have been lodged and both the parties have suffered injuries and injuries sustained by the injured are simple in nature, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents 3 registered against the present applicants, and the charge-sheet has been filed in this case. 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 applicants and the fact that cross reports have been lodged and both the parties have suffered injuries, nature of injuries sustained by the injured and charge-sheet has been filed against the applicants, no criminal antecedents registered against the applicants and they are in jail since 03.11.2025 and 04.11.2025 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Mithlesh Nishad and applicant No.2 Bhagirathi Nishad involved in Crime No. 591/2025, registered at Police Station – Bhatapara City, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 109(1), 191(1), 191(2), 190 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali