1 2026:CGHC:1751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 330 of 2026 Sheikh Saddam S/o Sheikh Akram Aged About 23 Years R/o Kashiram Nagar Near Masjid Gali No. 03, Telibandha Ravigram Bindrawangarh, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S.- Rajendra Nagar, District : Raipur, Chhattisgarh ...Non-applicant For Applicant : Mr. Shivam Mishra, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 65/2025, registered at Police Station - Rajendra Nagar District – Raipur (C.G.) for the offence punishable under Sections 296, 191, 109/190 of BNS 2023 and Section 25(1)(B) and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.13 11:42:41 +0530 2 2. The prosecution story in brief, is that the complaint was lodged by the case On April 2, 2025, at approximately 5:30 AM, on the service road of Ring Road No. 1, in front of Sonakhan Bhavan, Appu, Arshad, and Vicky, along with their accomplices, acting in concert, verbally abused and assaulted the victim with their hands, fists, sticks, and knives with the intention of causing death. Based on the initial investigation, which revealed the commission of an offense under Sections 296, 109, and 3(5) of the BNS (Bharatiya Nyaya Sanhita), a rural police report was filed against Appu, Arshad, Vicky, and their accomplices at the scene, and the investigation was initiated. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the applicant has not committed any act as alleged, nor is there any evidence on record to show his involvement in the alleged incident; that the applicant is a 23-year-old young man, has been in custody since 04.04.2025, and has no past criminal antecedents, and his continued incarceration in jail along with hardened criminals would seriously jeopardize his future and chances of reformation; that the applicant has not committed any offence, much less the offences with which he has been charged; that the applicant undertakes to abide by all the conditions that may be imposed by this Hon’ble Court while granting bail; that the applicant is a permanent resident of the address mentioned in the cause title and therefore there is no likelihood of his absconding; and that the applicant is ready to furnish adequate surety and shall comply with all the directions and conditions as may be imposed by this Hon’ble 3 Court while enlarging him on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has four criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and also taking into account that the charge-sheet has been filed before the competent Court and that the applicant has been in judicial custody since 04.04.2025, and further considering that the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case 7. Let applicant, Sheikh Saddam, involved in Crime No.65/2025, registered at Police Station - Rajendra Nagar District – Raipur (C.G.) for the offence punishable under Sections 296, 191, 109/190 of BNS 2023 and Section 25(1)(B) and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav