1 2026:CGHC:1434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 169 of 2026 Gokul Yadav S/o Kashiram Yadav Aged About 20 Years R/o Devrikhurd Atal Aawas P.S. Torwa, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Torwa, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Himanshu Kumar Sharma, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer 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 applicant who has been arrested in connection with Crime No. 338/2025 registered at Police Station- Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(2), 191(2) & (3), and 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act 1959. 2. Case of the prosecution, in brief, is that on 09.08.2025, while the complainant was present at his house, Atal Aawas resident Nitesh RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Sonkar @ Vikku, Bharu and other co-accused persons came to his house and knocked on the door. When the door was opened, they allegedly started abusing the complainant with obscene language, threatened him with death, and assaulted him with fists, an iron rod and an iron plate, as a result of which the complainant sustained a head injury and fell down. On hearing the commotion, neighbours namely Ajay Sahu, Simran Sahu, Bittu Sahu, Prasuti Sahu and Laxmi Prasad Sahu reached the spot, who were also abused, threatened with death and assaulted. It is alleged that Ajay Sahu sustained injuries on his right arm, head and left wrist, Simran Sahu suffered injury on her left leg, Bittu Sahu sustained a head injury, Prasuti Sahu received injury near the big toe of her right foot and Laxmi Prasad Sahu sustained a back injury. It is further alleged that during the incident, the Realme mobile phone of Bittu Sahu was thrown and damaged by Nitesh Sonkar @ Vikku and the gold chain worn by Ajay Sahu fell down. On the basis of the report, FIR No. 338/2025 was registered at Police Station Torwa, District Bilaspur (C.G.), and after completion of investigation, charge-sheet No. 376/2025 was filed on 09.10.2025. Thereafter, on 06.11.2025, the applicant surrendered before the learned JMFC, Bilaspur, and Criminal Case No. 30741/2025 is presently pending before the said Court. Hence, the present bail application has been filed. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the possession of the present applicant. He further submits that 3 similarly situated co-accused persons, namely, Prakash Das @ Chhotani, Sonu Nishad and Priyanshu Gangwani have already been granted bail by this Court vide orders dated 15.10.2025, 06.11.2025 and 06.11.2025 in MCRC Nos. 7333/2025, 8828/2025 and 8808/2025 respectively. He also submits that the applicant has no criminal antecedents, and he is in jail since 06.11.2025, 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 applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed as an absconder, but could not dispute the fact that co- accused has already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 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 applicant since 06.11.2025, the fact that though the present applicant and other co-accused were assaulted the complainant, but other co- accused persons, namely, Prakash Das @ Chhotani, Sonu Nishad and Priyanshu Gangwani have already been granted bail by this Court vide orders dated 15.10.2025, 06.11.2025 and 06.11.2025 in MCRC Nos. 7333/2025, 8828/2025 and 8808/2025 respectively, and the case of present applicant is identical to that of the co- accused person, further the applicant has no criminal antecedents, 4 the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Gokul Yadav, involved in Crime No. 338/2025 registered at Police Station- Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 118(1), 324(2), 191(2) & (3), and 190 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act 1959, be released on bail on furnishing 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 sufÏcient 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 5 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 sufÏcient 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. 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