1 2026:CGHC:2811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 626 of 2026 • Lalit Sahu S/o Late Shatruhan Sahu Aged About 18 Years And 10 Months, R/o Village- Betar, Out Post- Khandsara, Police Station And District- Bemetara, C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Out Post- Khandsara, Police Station And District- Bemetara, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ankush Borakr, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.499/2025 registered at Police Station, Out Post – Khandsara Police Station and District - Bemetara (C.G.) for the offence punishable under Section 109(1) read with Section 3(5) of Bhartiya Nyaya Sanhita in short “BNS”, 2023. 2. The prosecution story, in brief, is that the complainant Dhupesh alias Dadu Chandrakar appeared at concerned Police Station- Bemetara and lodged a report alleging inter-alia that on 16.08.2025, due to the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 15:19:26 +0530 2 festival of Krishna Janmashtami, the locals of the neighborhood had hired Shani D.J. from the village Dasharangpur and everyone was dancing with great enthusiasm. Near Durga Chowk at about 8:30 PM, there was a verbal altercation with a juvenile in conflict with law, Alok Sahu, Komal Sahu and Bhuvneshwar Nishad, which Tikam Chandrakar intervened in and resolved. Later, at about 10:00 PM, in front of Dauram Sahu's house at the DJ spot, the applicant, his brother Jaleshwar Chandrakar, Shesh Sahu, Neeraj Yadav, Kuleshwar Sahu, and other villagers were dancing. Based on the previous argument, a juvenile in conflict with law, holding a knife, said, "I will kill you today," and with the intention of causing fatal injury to complainant's brother Jaleshwar Chandrakar, he attacked him below the hip with the knife he was holding, causing severe injury to Jaleshwar Chandrakar. If Shesh Sahu, Neeraj Yadav, Kuleshwar Sahu and others had not intervened, a juvenile in conflict with law would have killed Jaleshwar Chandrakar. Based on the above complaint, a case has been registered against the accused at Out Post Khandsara, Police Station & District Bemetara (C.G.), with Crime No. 499/2025 under Section 109(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. During the investigation, upon finding that the crime was committed by the accused and one other co-accused, the applicant along with the other accused persons were arrested on 17.08. 2025. Charge- sheet is yet to be filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further vehemently argued by the learned counsel for the applicant that on the date of incident there was some altercation took place between 3 the injured and applicant and other co-accused persons and the allegation levelled against the present applicant is that applicant assaulted the injured by knife on below the hip of the injured as a result, injured sustained injury. He further submits that applicant has no previous criminal antecedent and injury sustained by the injured was not on the vital part of the body. The charge sheet has already been filed and he is in jail since 17.08.2025, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that applicant has no criminal antecedent and the charge-sheet has already been filed in the present case, looking to the conduct of the applicant, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that the allegation levelled against the present applicant is that he assaulted the injured with knife, as a result injured received injury, but injury sustained by the injured was not on the vital part of the body. Further more, applicant has no previous criminal antecedent, charge-sheet has already been filed and he is in jail since 17.08.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Lalit Sahu involved in Crime No.499/2025 registered at Police Station, Out Post – Khandsara Police Station and District - Bemetara (C.G.) for the offence punishable under Section 4 109(1) read with Section 3(5) of Bhartiya Nyaya Sanhita in short “BNS”, 2023, 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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/- (Ramesh Sinha) Chief Justice vaishali