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2026 DAILYLAW 15541 (CHH)

CHANDAN SONI @ CHANDAN SONA v. STATE OF CHHATTISGARH

MCRC/622/2026 · 2026-01-15

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Judgment text

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1 2026:CGHC:2812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 622 of 2026 • Chandan Soni @ Chandan Sona S/o Rajkumar Soni Aged About 23 Years At Near Bholenath Mandir, Shriram Nagar, Santoshi Nagar, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Ps Mujgahan, Distt. Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Respondent/State : Ms. Samiksha Gupta, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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. 83/2025 registered at Police Station : Mujgahan, District – Raipur(C.G.) for the offence punishable under Sections 296, 115(2) 118(2) 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 read with Sections 25 of the Arms Act. 2. According to the prosecution story on the date of incident, the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 17:48:59 +0530 2 applicant along with other co-accused assaulted the complainant's son and friends. Upon such complaint, the concerned p/s registered the FIR u/s 296, 351(2), 115(2), 118(2), 3(5) of the BNS against the applicant and the other co-accused and during investigation, the applicant was arrested on 21.07.2025 and his memorandum was recorded and a knife alleged to have been used by him was recovered from the applicant. 3. The applicant submits that he has not committed any offence and has been falsely implicated in the present case. He further submits that the accused inflicted serious injuries on the chest of the injured person with the help of a knife. He further submits that co-accused namely Bablu Odiya @ Karan Mahanand has also granted bail by this Court in MCRC No.6744 of 2025 vide order dated 26.08.2025. The investigation is complete, the trial is underway, and the applicant, being the sole breadwinner of his family, prays for his release on bail to prevent undue hardship to his family conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application and submits that applicant is having four criminal antecedent, and all are mentioned in bail application at paragraph No.4(a). 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, and the fact that the applicant, along with the co-accused, allegedly assaulted the injured persons who had gone for 3 a picnic, also considering the fact that co-accused namely Bablu Odiya @ Karan Mahanand has also granted bail by this Court in MCRC No.6744 of 2025 vide order dated 26.08.2025. Moreover, as the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 21.07.2025, and the trial is likely to take some time for its conclusion, I am of the considered opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Chandan Soni @ Chandan Sona, involved in Crime No. 83/2025 registered at Police Station : Mujgahan, District – Raipur(C.G.) for the offence punishable under Sections 296, 115(2) 118(2) 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 read with Sections 25 of the Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 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, 4 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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali