1 2026:CGHC:2571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9750 of 2025 Suneel Shriwas S/o Shri Tejlal Shriwas Aged About 32 Years R/o Village Turribhatha, Out Post And Police Station Kharsiya And District - Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O. Of Out Post And Police Station Kharsiya District - Raigarh Chhattisgarh ... Respondent For Applicant : Shri Abhishek Saraf, Advocate. For Respondent/State : Shri Vinod Tekam, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 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.459/2025 registered at Police Station Out Post and Police Station Kharsiya District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) of the Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.18 12:07:32 +0530 2 2. Case of the prosecution, in brief, is that on 19-08-2025 at about 10.00 pm, the complainant/Victim namely Ujjaini Bai and her sister's son Dadu Rathore said that, if the people of his house die, he will eat 'Bada', on this the complainant being angry abused applicant and slapped him twice and when she called Amarnath Thakur, brother-in- law of the applicant/accused Sunil Thakur, 'Naau', then the applicant/accused also got angry then, abused the complainant and threatened to kill her and attacked her with a knife due to which her left hand got injured. Injuries were caused to the cheek, left hand finger and the complainant's son Hiralal was injured near his right eye. After the complainant/victim reported the incident to the Kharsia Police Post, an unnumbered First Information Report was filed under sections 296, 351(2), 115(2) and 118(1) of the BNS, and FIR No. 459/2025 was registered at Kharsia Police Station. The injured were medically examined. The applicant/accused was arrested, and after a thorough investigation, a charge sheet has been filed in the court and he is in jail since 20-08-2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged commission of offence, because the prosecution story itself reveals the fact that the allegations leveled against him is false and frivolous. He would submit that looking to the prosecution story itself reveals the fact that, the ingredients of the 296, 351(2), 115(2), 118(1) of the Bhartiya Nyay Sanhita 2023 are not at all attracted against the applicant in the case. He would submit that medical evidences whatsoever available on records are not sufficient to prove the case beyond the reasonable doubt against the applicant. He would submit that the charge sheet has been filed in this case, the 3 applicant is in jail since 20/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has five criminal antecedents which has been disposed of. 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 of allegation levelled against the applicant, period of detention of the applicant since 20/08/2025, applicant has five criminal antecedents which has been disposed of, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Suneel Shriwas, involved in Crime No.459/2025 registered at Police Station Out Post and Police Station Kharsiya District Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1) of the Bhartiya Nyay Sanhita, 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 4 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. (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri