1 2026:CGHC:1473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 228 of 2026 1 - Rajkumar S/o Jogi Aged About 40 Years R/o Village- Satora, PS- Pratappur, District- Surajpur (C.G.) 2 - Devlal S/o Jogi Aged About 40 Years R/o Village- Knaknagar, PS- Pratappur, District- Surajpur (C.G.) ... Applicants versus State Of Chhattisgarh By The Police Station House Of Pratappur, District- Surajpur (C.G.) ... Respondent For Applicants : Shri Shubhankar Singh, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.150/2025 registered at Police Station Pratappur, District Surajpur (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.12 11:07:15 +0530 2 351(2) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that complainant Manikchandra has lodged FIR dated 05/07/2025 against the Applicants alleging that on 04/07/2025 the applicants came to his house with the sticks in their hands and started abusing him about the old land dispute and after that they start beating him with the intention of killing him, thus has committed offence under section 115(2), 296, 3(5), 351(2) of Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicants submits that the present applicants are innocent person and they have been falsely been implicated in the present case. He would submit that the FIR alleges a quarrel dated 04.07.2025 at about 4:30 PM, arising out of a personal and civil dispute wherein vague and general allegations have been levelled against the applicants. He would submit that no deadly weapon has been used and no grievous injury has been attributed to the applicants, the alleged injuries are simple in nature, and there is no medical opinion indicating seriousness. He would submit that the applicants have no criminal antecedents, charge sheet has been filed in this case, the applicants are in jail since 30/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 3 nature of allegation levelled against the applicants, further the fact that the injuries sustained by the injured are simple in nature, period of detention of the applicants since 30/11/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Rajkumar & Devlal, involved in Crime No.150/2025 registered at Police Station Pratappur, District Surajpur (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2) of Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear 4 before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri