1 2026:CGHC:1795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 305 of 2026 Raju Yadav S/o Late Shiv Yadav, Aged About 19 Years R/o Shyam Nagar, Near Kapoor Hotel P.S. Telibandha, District- Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, Raipur District- Raipur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate 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 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. 495/2025 registered at Police Station- Telibandha, Raipur District- Raipur, (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 118(1), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution story, in brief, is that the complainant lodged a written complaint before the concerned police station alleging that, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 on the date of the incident, a dispute arose between the parties over a demand for money for consuming liquor, pursuant to which the accused persons assaulted the injured by hands, fists, belt, and knife, as a result of which the injured sustained injuries. On the basis of the said complaint, the police registered an offence bearing Crime No. 495/2025 against the present applicant and other accused persons for offences punishable under Sections 119(1), 296, 351(2), 118(1), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged crime, as he has not committed any offence as alleged. It is contended that all the parties are residents of the same locality and that there was only a minor dispute regarding demand of money for consuming liquor, however, the applicant neither assaulted the injured nor participated in the alleged incident. The injuries sustained by the injured are simple in nature and not grievous. He also submits that the prosecution has failed to collect sufÏcient material in support of its allegations, and therefore, no prima facie case is made out against the present applicant. He further submits that the applicant has no previous criminal antecedents, the charge-sheet has been filed, he is in jail since 11.08.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is actively involved in the 3 offence and that a knife, which was used in the commission of the crime, has been recovered from the possession of the applicant. It is further submitted that the allegations against the applicant are serious in nature, the injured has sustained injuries due to the assault, and therefore, considering the gravity of the offence, the applicant is 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 that though the applicant is actively involved in the offence and that a knife, which was used in the commission of the crime, has been recovered from the possession of the applicant, but considering that the applicant is languishing in jail since 11.08.2025, he has no previous criminal antecedents, the charge-sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Raju Yadav, involved in Crime No. 495/2025 registered at Police Station- Telibandha, Raipur District- Raipur, (C.G.) for the offence punishable under Sections 119(1), 296, 351(2), 118(1), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the 4 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 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. 5 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