1 2026:CGHC:2813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 620 of 2026 Pulkit Chandrakar S/o Meghnath Chandrakar Aged About 25 Years R/o House No. 51/A, B Pocket, Maroda Sector, Bhilai, P.S. Newai, Distt. Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - Telibandha, Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.01.2026 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. 608/2025, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 109, 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on the basis of the Dehati Nalishi, on 21.09.2025, an FIR bearing Crime No. 608/25 under Sections 109 and 3(5) of the BNS was registered against the applicant and the other co-accused on 22.09.2025. From a perusal of the FIR, it is apparent that the core allegation is that the injured Ajju Pandey was assaulted with PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.16 18:28:39 +0530 2 hands, fists, and a plastic chair in a bar. It is imperative to state here that from a perusal of the CT scan report and medical records, it is apparent that there is no severe or fatal injury on any vital part of the body of the injured. Despite this, merely to enhance the gravity of the offence, a simple quarrel involving no fatal injury has been registered under Section 109 of the BNS. The applicant was arrested during the course of investigation on 12.10.2025, and a plastic chair was recovered at his instance from Jouk Bar. The investigation has been completed and the charge-sheet has been filed, which makes it apparent that keeping the applicant behind bars would not serve any fruitful purpose. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is alleged that there was a quarrel between the applicant and the injured in the bar, and that the applicant assaulted the injured with a plastic chair, as a result of which an injury to the nose and nasal bone was found to be fractured. From a perusal of the CT scan and medical records, it is apparent that there is no severe or fatal injury to any vital part of the body of the injured. It is further submitted that the applicant has three previous criminal antecedents, out of which one case has been disposed of and the remaining cases are pending, and that the applicant has been in judicial custody since 12.10.2025. As the trial is likely to take considerable time for its conclusion, 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. He further submits that there was a quarrel between the applicant and the injured in the bar, and that the applicant assaulted the injured with a plastic chair, as a result of which an injury to the nose and nasal bone was found to be fractured. It is further submitted that the applicant has three 3 previous criminal antecedents, out of which one case has been disposed of and the remaining cases are pending. Therefore, the applicant is not entitled for grant of bail. 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 there was a quarrel between the applicant and the injured in the bar, and that the applicant assaulted the injured with a plastic chair, as a result of which an injury to the nose and nasal bone was found to be fractured, further from a perusal of the CT scan and medical records, it is apparent that there is no severe or fatal injury to any vital part of the body of the injured, the applicant has three previous criminal antecedents, out of which one case has been disposed of and the remaining cases are pending, the charge-sheet has been filed and the applicant is in jail since 12.10.2025, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Pulkit Chandraka, involved in Crime No. 608/2025, registered at Police Station – Telibandha, District - Raipur (C.G.) for the offence punishable under Sections 109, 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 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