1 2026:CGHC:2783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10268 of 2025 • Chandra Bhavan Singh S/o Ratiram Gond Aged About 23 Years R/o Near Jam Nala, Dandjamdi, Police Station Pendra, District Gaurela-Pendra-Marwahi, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Police Station Pendra, District Gaurela-Pendra-Marwahi, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anshul Tiwari, Advocate For Respondent/State : Mr. Sourabh Sahu, 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. 230/2025 registered at Police Station : Pendra, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 121(1), 121(2), 132, 109(1) of the Bhartiya Nyaya Sanhita, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.19 17:48:59 +0530 2 2. According to the prosecution story on the date of incident, as per the prosecution's case, upon receiving one complaint by Puran Singh against the present Applicant the Police Officer Hitesh Kumar (Present Complainant) along with his colleague Ashish Kumar has went to Applicant's house on 24.07.2025 for the purpose of investigation, during the course of investigation at around 12.30 PM the Applicant cam out from his house aggressively with an Iron Axe in his hand and started abusing the present complainant, it has been alleged that the during the said cause the Applicant has tried hitting the head of the complainant with the axe but somehow the complainant dodge the attack and the axe subsequently hits the back of the complainant which causes heavy bleeding to the complainant. That on the said allegation the FIR has been lodged against 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 on the date of incident upon receiving one complaint by Puran Singh against the present Applicant the Police Officer Hitesh Kumar (Present Complainant) along with his colleague Ashish Kumar has went to Applicant's house on 24.07.2025 for the purpose of investigation, during the course of investigation the applicant cam out from his house aggressively with an Iron Axe in his hand and started abusing the present complainant during the said cause the applicant has tried hitting the head of the complainant with the axe but 3 somehow the complainant dodge the attack and the axe subsequently hits the back of the complainant which causes heavy bleeding to the complainant. He further submits that the accused inflicted injuries on the back side of the injured person with the help of an Axe and surgery was opined but no surgery has been conducted. He also submits that applicant is in jail since 25.07.2025 and 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. 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, submissions made by learned counsel for the parties and the fact that the accused inflicted injuries on the back of the injured person with the help of an axe and surgery was advised, but no surgery was performed. Moreover, as the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 25.07.2025, 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, Chandra Bhavan Singh, involved in Crime No. 4 230/2025 registered at Police Station : Pendra, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 121(1), 121(2), 132, 109(1) of the Bhartiya Nyaya Sanhita, 2023, 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, 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 5 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