1 2026:CGHC:4499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9964 of 2025 Vikash Chauhan S/o Bihari Chauhan Aged About 27 Years R/o Bajrang Colony, Raigarh, Tahsil And District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through District Magistrate, Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Prahalad Panda, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 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. 67/2025, registered at Police Station – Jutmil District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 119(1) & 3(5) of the BNS 2023. 2. The prosecution story in brief, is that on 26.10.2025 at about 4:30 PM VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.28 16:39:38 +0530 2 near Purana Sarangarh bus stand pan thela applicant and other co- accused demanded money for liquor and when complainant denied to give money then applicant and other co-accused are abused and beaten to the complainant, thereafter police arrested to the 26.20.2025 applicant on dated 08.03.2025 and charge sheet filed on dated 08.05.2025. That on the basis ofabove complaint Police lodged First Information Report against the present applicant and offence was registered under section 296, 351(2), 115(2), 118(1), 119(1), 3(5) of B.N.S. 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that no criminal antecedents whatsoever and no material on record connecting him with the alleged offence that the applicant is only 27 years of age and his continued detention since 26.10.2025 is likely to have an adverse effect on his mental well-being as well as on his family, he being the future hope of the family; that the injuries sustained by the victim are simple in nature; that the applicant could not appear before the Court on the date fixed, i.e., 11.11.2025, as he had no knowledge of the said date; that although the charge- sheet has been filed, the trial is likely to take considerable time for its conclusion; that the applicant is a permanent resident of Bajrang Colony, Raigarh Tahsil and District Raigarh (C.G.), and there is no likelihood of his absconding or tampering with the prosecution evidence, and that the applicant is ready and willing to furnish adequate security and shall abide by all the terms, conditions, and directions that may be imposed by this Hon’ble Court while granting 3 bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and further considering the fact that the applicant had already been granted bail by the trial Court but could not appear before the said Court on the date fixed, pursuant to which he was arrested, as well as the fact that the applicant has been in judicial custody since 26.10.2025; further considering that the charge-sheet has been filed and that the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case 7. Let applicant, Vikash Chauhan, involved in Crime No. 67/2025, registered at Police Station – Jutmil District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 119(1) & 3(5) of the BNS 2023, be released on bail on furnishing a personal bond with two heavy sureties, one of whom shall be a member of the applicant’s family 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further six months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 9. 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