1 2026:CGHC:3075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 670 of 2026 • Jaiki Chauhan S/o Naresh Chauhan Aged About 24 Years R/o Shanker Nagar, Dhanger Deepa, P.S.- City Kotwali, Raigarh, Tahsil And Distt.- Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Distt.- Magistrate, Distt.- Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amit Sharma, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.01.2026 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. 456/2025, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 127(2), 191(2), 191(3), 331(6), 324(4), 117(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 06.09.2025, the applicant along with other co-accused assaulted the complainant and his son VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.20 17:06:32 +0530 2 with the help of Rod and club, as a result they sustained injuries, on the basis of said complaint, FIR has been registered, therefore this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no criminal antecedents are registered against the applicant. The FIR has been lodged against three accused persons who allegedly entered the house of the complainant/injured and assaulted him and his son. The applicant was neither a member of the unlawful assembly nor shared any common intention, and his name does not find mention in the FIR. It is further submitted that the only allegation against the applicant is that he was present at the spot at the time of the alleged altercation. The charge-sheet has already been filed, and the applicant has been in judicial custody since 29.07.2025. Considering that the trial is likely to take a considerable time for its conclusion, a prayer for grant of bail has been made. 4. Per contra, learned State counsel has opposed the bail application and submitted that although there are no criminal antecedents registered against the present applicant and the charge-sheet has been filed, the injuries sustained by the injured persons are grievous in nature; therefore, the applicant does not deserve the benefit of bail. 5. I have heard learned counsel for the parties and carefully perused the material available on record. 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations, the absence of any criminal 3 antecedents against the applicant, the fact that the applicant’s name does not find mention in the FIR, that the charge-sheet has already been filed, and that the applicant has been in custody since 29.07.2025, and further considering that the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. 7. 7. Let applicant, Jaiki Chauhan, involved in Crime No. 456/2025, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 127(2), 191(2), 191(3), 331(6), 324(4), 117(3) 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 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 4 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