1 2026:CGHC:3930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 784 of 2026 Nitesh Singh Thakur S/o Mohan Singh Thakur Aged About 23 Years R/o Awaspara, Telsara, Police Station Chakarbhatha, Tahsil Bilha, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakarbhatha, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Gurudev I. Sharan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2026 1. Mr. Gurudev I. Sharan, Advocate appearing for the applicant submits that he has filed his power/vakalatnama yesterday on behalf of the applicant. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.23 11:29:12 +0530 2 442/2025, registered at Police Station : Chakarbhatha District – Bilaspur (C.G.) for the offence punishable under Sections 109, 296, 191(1) & 191(3) of the BNS and Sections 25 and 27 of the Arms Act. 3. The prosecution case, in brief, is that the complainant namely Mukesh Vishwakarma made complaint to the Police Station Chakarbhatha statingtherein that on 26-10-2025 in the night, one meeting was held relating to the Goura-Gouri and at about 9.00 PM, the present applicant with other co-accused persons have abused filthy languages and when one Ganga Ram Yadav opposed the accused persons then one accused namely Vikky aasutled Ganga Ram Yadav from sharp edged weapon on his stomach and back side, resultantly the said Gangaram received multiple injuries on the stomach and also in back side and admitted in the CIMS Hospital. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, The applicant has neither committed nor participated in any act constituting the alleged offences, and the material collected by the prosecution does not disclose any prima facie case against him. There is no specific allegation against the present applicant of having assaulted the injured person, as the main role has been attributed to co-accused Vikky. The applicant has been in judicial custody since 27.10.2025 therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that no injury has been attributed to the present applicant, as the injury to the victim is alleged to have been caused by the main accused, Vikky further considering that the applicant has no criminal antecedents; that the charge-sheet has already been filed before the competent Court that the applicant has been in custody since 27.10.2025 that the case of the applicant is distinguishable from that of the main accused, Vikky and that the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 8. Let applicant, Nitesh Singh Thakur, involved in Crime No. 442/2025, registered at Police Station : Chakarbhatha District – Bilaspur (C.G.) for the offence punishable under Sections 109, 296, 191(1) & 191(3) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 4 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 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. 9. 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 Vaibhav