1 2026:CGHC:7611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1475 of 2026 Tiharu Ram Yadav S/o Late Laxman Yadav Aged About 60 Years R/o Village Dhimarthikur, P S Arjuni, Tehsil and District Dhamtari, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Arjuni, District Dhamtari, Chhattisgarh ... Non-Applicant For Applicant : Mr. Shobhit Koshta, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.02.2026 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. 176/2025, registered at Police Station – Arjuni, District - Dhamtari (C.G.) for the offence punishable under Sections 296(B), 109 (1) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per the prosecution story, on 01.11.2025, the injured, namely Narendra Kumar Sahu, was sitting on the chabutra at Bajrang Chowk, Village Dhimarthikur, along with other persons. At that time, the applicant allegedly came there and started abusing the injured on the allegation that he had quarreled with the applicant on Deepawali regarding a monetary PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.12 15:21:44 +0530 2 dispute. Thereafter, the applicant allegedly assaulted the injured with a sharp-edged weapon on his hand and head. Subsequently, an FIR was lodged and the charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that the applicant is alleged to have assaulted the injured with an iron rod on his head. It is further submitted that although one injury was sustained on the middle of the forehead, as per the CT scan report dated 02.11.2025, which forms part of the charge-sheet, no significant intracranial abnormality has been detected. The other injuries are stated to be on non-vital parts of the body. It is further submitted that the applicant has no previous criminal antecedents and has been in judicial custody since 02.11.2025. As the trial is likely to take considerable time to conclude, learned counsel prays for grant of bail to the applicant.. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant and the fact that as per the CT scan report dated 02.11.2025, which forms part of the charge-sheet, no significant intracranial abnormality has been detected and the other injuries are stated to be on non-vital parts of the body, further the applicant has no previous criminal antecedents and has been in judicial custody since 02.11.2025, the charge-sheet has been filed, and the conclusion of the trial may take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 3 7. Accordingly, the bail application is allowed. Let the applicant - Tiharu Ram Yadav, involved in Crime No. 176/2025, registered at Police Station – Arjuni, District - Dhamtari (C.G.) for the offence punishable under Sections 296(B), 109 (1) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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 his 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 his, 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 4 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 his 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 Preeti