1 2026:CGHC:5282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 908 of 2026 Chiranjivi S/o Garibo Sagar Aged About 20 Years R/o Telgu Mohalla, G. Cabin, Charoda Bhilai, Tehsil And District Durg (C.G.) (Wrongly Mentioned As Rajnandgaon) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. Charoda, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Navin Shukla, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 88/2025 registered at Police Station G.R.P. Charoda, District Durg (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 305(a), 331(7) of BNS. 2. Case of the prosecution, in brief, is that on 18.10.2025 the complainant, B. A. Ramlu, aged about 75 years, a retired railway employee, lodged a written report at Police Station GRP Charoda. He stated that he lives alone in his house and on the said date, after leaving for his morning walk, he returned at about 06:30 A.M. and found the back door of his house open. Upon entering the house, the present applicant came out from inside the room. When questioned, the applicant disclosed that he had entered the house for committing theft and thereafter assaulted the complainant by hitting him on the head, causing injuries to his head and right hand. On the complainant raising alarm, KKM Manga and other residents of the locality rushed to the spot, upon which the applicant fled from the place of occurrence after stealing a sum of Rs. 3,000/- kept under the bed. On the basis of the written report and prima facie evidence, an offence under Sections 305(a) and 331(7) of the BNS, 2023 was registered against the applicant vide Crime No. 88/2025. After completion of investigation, the final report bearing No. 57/2025 was submitted before the concerned trial Court on 27.11.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though, as per MLC 3 report, the complainant received one injury which is lacerated would of size 15 x 3 cm over occipital parietal region, but the same is not dangerous to life, so far as seizure from the applicant is concerned, Rs.3,000/- and one iron hoe has been recovered from the store room of the applicant’s house. The applicant is in jail since 27.10.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have trespassed into the complainant’s house in the early morning hours with the intention to commit theft, and upon being confronted by the complainant, assaulted him causing injuries i.e. lacerated would of size 15 x 3 cm over occipital parietal region of head, and thereafter stole cash amounting to Rs.3,000/- and fled from the spot, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 05.09.2023, the fact that the applicant is alleged to have 4 trespassed into the complainant’s house in the early morning with intent to commit theft, and upon being confronted, assaulted him, causing a lacerated wound measuring 15 × 3 cm over the occipital parietal region of the head, thereafter stealing cash of Rs. 3,000/- and fleeing from the spot, but considering the fact that though the injury sustained by the applicant is grievous in nature, but the same is not dangerous to life and the applicant has no criminal antecedent, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Chiranjivi, involved in Crime No. 88/2025 registered at Police Station G.R.P. Charoda, District Durg (C.G.) for the offence punishable under Sections 305(a), 331(7) of BNS, 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 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 5 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 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil