1 2026:CGHC:6003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1113 of 2026 Chandan Soni @ Chandan Sona S/o Rajkumar Soni Aged About 23 Years At Near Bholenath Mandir, Shriram Nagar, Santoshi Nagar, Police Station - Tikrapara, District Raipur C.G. ... Applicant versus State of Chhattisgarh Through Police Station - Tikrapara, District - Raipur C.G. ... Non-Applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 428/2025, registered at Police Station – Tikrapara, District - Raipur (C.G.) for the offence punishable under Section 296, 351(2), 115(2) and 118(1) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, one Sunny Yadav lodged a complaint before the concerned Police Station, Tikrapara, stating that at about 12:30 a.m., over a petty dispute, the applicant abused and assaulted him with a sharp-edged weapon, whereafter he was taken to a nearby hospital for proper treatment. Pursuant to the said complaint, an FIR bearing Crime PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.04 15:10:40 +0530 2 No. 428/25 under Sections 296, 351(2), 115(2), and 118(1) of the BNS was registered against the applicant, and the applicant was arrested on 27.10.2025. It is imperative to state that the investigation has already culminated and the charge-sheet has been filed before the concerned court; therefore, it can be assumed that there is no requirement for custodial interrogation, and keeping the applicant incarcerated would not serve any fruitful purpose. It is further humbly submitted that the offences alleged against the applicant are not punishable with imprisonment exceeding seven years, and the applicant has been in custody since 27.10.2025, i.e., for almost three months. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the injuries sustained by the victim is simple in nature. Further, the charge-sheet has been filed and the applicant is in jail since 27.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. The applicant is having four criminal antecedents, and all are mentioned in bail application at paragraph No. 4(A). 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the victim is simple in nature and further the applicant has four previous criminal antecedents, out of which in one case 3 he has been granted bail and other two cases are listed today, and one case is pending, the charge-sheet has been filed and he is in jail since 27.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Chandan Soni @ Chandan Sona, involved in Crime No. 428/2025, registered at Police Station – Tikrapara, District - Raipur (C.G.) for the offence punishable under Section 296, 351(2), 115(2) and 118(1) of Bharatiya Nyaya Sanhita, 2023, 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 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 4 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 Preeti