1 2026:CGHC:1437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 155 of 2026 1 - Sonu @ Rajesh S/o Milan Vishwakarma Aged About 29 Years R/o Ward No. 03 Sanjay Nagar Akaltara, Police Station Akaltara, District Janjgir-Champa, Chhattisgarh. 2 - Kanhaiya Gond S/o Pavan Gond Aged About 23 Years R/o Ward No. 03 Sanjay Nagar Akaltara, Police Station Akaltara, District Janjgir- Champa, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Akaltara, District Janjgir-Champa, Chhattisgarh. ... Non-Applicant For Applicants : Mr. N.K. Chatterjee, Advocate For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A. 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. 421/2025 registered at Police Station- Akaltara, District Janjgir-Champa, (C.G.) for the offence punishable under Sections 296, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that a report was lodged at Police Station Akaltara on 02.09.2025, wherein the informant disclosed that he is a resident of Gurughasidas Mohalla, Akaltara, and was residing in a rented house along with his wife and his 10- month-old daughter. It was alleged that on the date of incident, after informing his wife, the complainant had gone to a nearby place where he consumed English liquor and, while in an intoxicated condition, a dispute arose when the applicants questioned him as to why he was staring at them, as they were also present there with their wives. It is further alleged that during the said altercation, the complainant was assaulted by the present applicants, as a result of which he sustained injuries on his left arm and chest. On the basis of the said report, Crime No. 421/2025 was registered at Police Station Akaltara, District Janjgir-Champa, for the offences punishable under Sections 296, 3(5) and 109 of the Bharatiya Nyaya Sanhita. After completion of the investigation, the charge- sheet has already been filed and the case is pending before the learned JMFC, Akaltara. Since the bail application of the applicants was dismissed by the learned First Additional Sessions Judge, Janjgir, in Bail Application No. 1158/2025 vide order dated 05.12.2025, the present bail application has been filed before this Hon’ble Court. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the applicants along with co-accused allegedly assaulted the injured with a knife, 3 causing injuries on his left arm and chest. He also submits that no internal injury was caused, and nothing has been seized from the possession of the present applicants. He further submits that similarly situated co-accused person, namely, Ravi Shriwas has already been granted bail by this Court vide order dated 05.01.2026 in MCRC No. 10501/2025. He also submits that the applicant No.1 has 01 criminal antecedent which is pending and applicant no.2 has no any criminal antecedents, and they are in jail since 03.09.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been submitted in the present case before the competent Court. He also submits that the applicants are named accused and were involved in assaulting the complainant, causing injuries on his left arm and chest. It is further submitted that the offence is serious in nature, the charge-sheet has already been filed and applicant No.1 has 01 criminal antecedent which is pending, therefore, the applicants are not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicants since 03.09.2025, the fact that though the present applicant and other co-accused were assaulted the complainant, but other co- 4 accused person, namely, Ravi Shriwas has already been granted bail by this Court vide order dated 05.01.2026 in MCRC No. 10501/2025, and the case of present applicant is identical to that of the co-accused person, further the applicant No.1 has 01 criminal antecedent which is pending and applicant no.2 has no any criminal antecedents, and the charge-sheet has been filed in the present case, 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. 7. Accordingly, the bail application is allowed. Let the Applicants – Sonu @ Rajesh and Kanhaiya Gond, involved in Crime No. 421/2025 registered at Police Station- Akaltara, District Janjgir- Champa, (C.G.) for the offence punishable under Sections 296, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each 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 5 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan