1 2026:CGHC:21161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4185 of 2026 Mohd. Saifi S/o. Mohd. Sarafat Aged About 21 Years R/o. Idgah Bhatha, Near Badi Maszid, P.S. Ajad Chowk, Raipur District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Azad Chowk, Raipur District- Raipur (C.G.) ... Non-Applicant For Applicant : Ms. Ankita Goswami, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 0307/2025 registered at Police Station - Azad Chowk, Raipur District- Raipur (C.G.), for the offences punishable under Sections 109, 296, 351(2), 115(2), 118(1), 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. According to the prosecution case, in brief, the complainant, Mohd. Altaf, lodged a report at Police Station Azad Chowk, Raipur (District Raipur), alleging that on 18.10.2025, during the removal of a sandalwood sheet, a dispute arose between the parties. It is alleged that the accused persons assaulted the complainant using fists, an iron rod, and a batta, with the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.07 12:47:31 +0530 2 intention to commit murder. Based on the said report, the police registered a First Information Report bearing Crime No. 0307/2025 for offences punishable under Sections 109, 115(2), 118(1), 191(3), 296, and 351(2) of the Bharatiya Nyay Sanhita, 2023. Subsequently, after completion of the investigation, the prosecution filed a charge sheet before the learned court below for offences punishable under Sections 109, 296, 351(2), 115(2), 118(1), and 191(3) of the Bharatiya Nyay Sanhita, 2023, along with Sections 25 and 27 of the Arms Act. 3. It is submitted by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the medical report does not support the case of the prosecution. She further submits that co-accused persons, namely, Mohammad Juned Chauhan and Mohammad Asgar have already been granted bail by this Court vide order dated 27.02.2026 and 01.04.2026 passed in MCRC Nos. 2048/2026 and 2674/2026, respectively. It is further contended that the charge-sheet has already been filed. Although the applicant has six prior criminal antecedents, all case are pending, and the same have been duly explained in the paragraoh No. 4A along with the present bail application. The applicant has been in judicial custody since 20.10.2025. In light of the aforesaid facts and circumstances, it is prayed that the applicant be released on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. She further contends that the applicant has six previous criminal antecedents, which have been explained in paragraph No. 4A of the present bail application. In addition, there are four more cases that have not been mentioned therein. Therefore, it is argued that the applicant is 3 not entitled to the grant of bail. 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 nature of allegations, and the material available on record, particularly the fact that co-accused persons, namely, Mohammad Juned Chauhan and Mohammad Asgar have already been granted bail by this Court vide order dated 27.02.2026 and 01.04.2026 passed in MCRC Nos. 2048/2026 and 2674/2026, respectively, it is further contended that the charge-sheet has already been filed, and the criminal antecedents of the applicant have been duly explained in the paragraph No. 4A along with the present bail application, the applicant has been in judicial custody since 20.10.2025, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Mohd. Saifi, involved in Crime No. 0307/2025 registered at Police Station - Azad Chowk, Raipur District- Raipur (C.G.), for the offences punishable under Sections 109, 296, 351(2), 115(2), 118(1), 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his furnishing 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 she 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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