1 2026:CGHC:1796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 336 of 2026 Aasif Mohammed S/o Sakur Mohammad, Aged About 30 Years R/o. Ward No. 12, Tikaripara Gandai, District Khairagarh- Chuikhadan- Gandai (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gandai, District Khairagarh- Chuikhadan- Gandai (C.G.) ... Respondent For Applicant : Shri Abhishek Sharma, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 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 applicant who 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 BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.13 16:57:59 +0530 2 2. Case of the prosecution, in brief, is that on 30.11.2025 complainant Ashwani Chaturvedi lodged the report stating that he is working as 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 applicant and after completion of investigation two more persons were arrayed as co-accused for the offence u/s 118(2), 296, 3(5), 333, 351(3) of the BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the instant case and he is working as labour in scrap shop of main accused Shabab Memon, only on this sole ground the applicant has been falsely implicated. He would submit that the present applicant has not shared any common intention with other co-accused persons. He would submit that prima facie the seizure of steel rod is doubtful because as per property seizure memo the place of seizure is near Kabadi shop and admittedly such steel rod is present in every Kabadi shop. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 3 30/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 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 and the applicant has no criminal antecedents. She would submit that the applicant is named in the FIR and the injury sustained by the injured is simple in nature. 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, considering the fact that the applicant is named in the FIR but the fact that injury sustained by the injured is simple in nature, period of detention of the applicant since 30/11/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Aasif Mohammed, 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 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri