1 2026:CGHC:1758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 317 of 2026 • Aayan Memon S/o Rafiq Memon Aged About 20 Years R/o Ward No. 14, Parpodi, Police Station - Parpodi, District Bemetara (C.G.) ... Applicant versus • State of Chhattisgarh Through - Station House Officer, Police Station - Gandai, District - Khairagarh - Chuikhadan - Gandai (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Abhishek Sharma, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 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. 407/2025, registered at Police Station – Gandai, District – Khairagarh-Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 118(2), 296, 3(5), 333, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 30.11.2025 complainant Ashwani Chaturvedi lodged the report stating that he is working as VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 11:31:42 +0530 2 labour in the scrap shop of Sallu Kabadi, today at about 10.50 a.m. when he was going on the Scooty along with Anil Chaturvedi and Kumar Markande and when he reached near Ritesh Jewelers the main accused Shabab Memon and other co- accused including applicant came on Bolero vehicle and main accused started quarreling that why he is not working in their scrap shop and main accused attacked by means of iron rod and other co-accused also attacked by means of stick due to this complainant and his two friends sustained grievous injuries and later on he came to know that they have also assaulted Khelan Markande by entering his house and also assaulted Manoj Yadav who was standing at the time of incident and on his report initially offence registered against main accused Shabab Memon and Aasif Mohammad and after completion of investigation present applicant and one co-accused were arrayed as co-accused for the offence u/s 118(2), 296, 3(5), 333, 351(3) of the BNS. 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 submits that applicant is working as driver and the main accused only asked to accompany for bringing some scarp material and he has not assaulted the complainant or injured. Further, injury received by the injured are simple in nature and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 26.12.2025 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 opposes the bail application and submits that there is no previous criminal 3 antecedents registered against the present applicant, 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 applicant and the fact that injury sustained by the injured are simple in nature, there is no criminal antecedent registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 26.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Aayan Memon involved in Crime No.407/2025, registered at Police Station – Gandai, District – Khairagarh- Chuikhadan-Gandai (C.G.) for the offence punishable under Sections 118(2), 296, 3(5), 333, 351(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. 4 (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