1 2026:CGHC:5054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1004 of 2026 Yash Kumar Santre @ Yogesh S/o Tarun Santare Aged About 19 Years R/o Ward No. 05, 256 Chauk Rajhara, Thana- Rajhara, Distt.- Balod C.G. ... Applicant versus The State Of Chhattisgarh S.H.O. Police Station- Rajhara, District – Balod C.G. ---- Non-applicant For Applicant : Mr. Samit Singh, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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. 285/2025, registered at Police Station – Rajhara, District – Balod (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 117(2), 3(5), 126(2), 309(6), 118(2) and 311 of BNS. 2. The case of the prosecution, is that on 07.09.2025 the Domar Singh filed a complaint at Police Station concerned that after having dinner, he was on his way to the checkpoint near ITI, when he encountered two boys on the way. They asked him where he was going, followed him, and grabbed his pocked. When the complainant tried to break RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 free, the accused struck him below his right shoulder with sharp object, injured him. So on the basis of the report Police registered the offence and arrested the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant. It is further submitted that there is an allegation against the applicant that he has attempted to commit an offence of loot and he has stated to have assaulted the injured with knife on his right arm and the injuries though found to be grievous in nature but no any internal damage has been cause to the injured. The applicant is in jail since 08.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedents registered against the applicant, and there is an allegation against the applicant that he has attempted to commit an offence of loot and he has stated to have assaulted the injured with knife on his right arm and the injuries though 3 found to be grievous in nature but no any internal damage has been cause to the injured, the applicant is in jail since 08.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Yash Kumar Santre @ Yogesh, involved in Crime No. 285/2025, registered at Police Station – Rajhara, District – Balod (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 117(2), 3(5), 126(2), 309(6), 118(2) and 311 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 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. 4 (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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar