1 2026:CGHC:5798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1078 of 2026 Shekhar Tandi S/o Shri Garib Das Tandi Aged About 24 Years R/o Jawahar Nagar, Ambedkar Colony, Durg, Tahsil And Distt. Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Mohan Nagar, Distt. Durg (C.G.) ... Respondent For Applicant : Shri Rajesh Mishra & Ms.Neeta Tulsani Thawani, Advocates. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/02/2026 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.284/2025 registered at Police Station Mohan Nagar, Distt. Durg (CG) for the offence punishable under Section 109(1) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.03 14:33:18 +0530 2 2. Case of the prosecution, in brief, is that Dr. Shailendra Kumar Mandal, Medical Director, Aarogyam Hospital, Kadambari Nagar lodged a report to the effect that Divya Kosre working in CSSD Department of his hospital made a complaint against the applicant for spoiling the bathroom which enraged the applicant and therefore, on 24.6.2025 at 16:15 hours he quarreled with her in this regard and during this process, with intention to commit her murder, assaulted her with emersion rod coil lying in CSSD Room repeatedly as a result of which she suffered grievous injuries over her head and right wrist and admitted in ICU. Based on this report, the aforesaid offence under Section 109(1) of BNS was registered against the applicant and after completion of investigation charge sheet has been filed. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the injured who was a lady with an emersion rod over the head. It is stated that though the injury has been sustained by the injured on her head but there is no internal damage caused. It is further stated that the victim has also compromised with the applicant which is evident from the order sheet of the trial court dated 12/01/2026 which is annexed with the covering memo. It is further stated that as per the X ray report of the said injured it goes to show that there was swelling and lacerated wound found on the head and no fracture was found. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 29/10/2025 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 3 and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, submission of learned counsel for the parties, further the fact that allegation against the applicant is that he is said to have assaulted the injured who was a lady with an emersion rod over the head and as per the X ray report of the said injured, it goes to show that there was swelling and lacerated wound found on the head and no fracture was found, further considering the fact that the victim has also compromised with the applicant, period of detention of the applicant since 29/10/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore 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- Shekhar Tandi, involved in Crime No.284/2025 registered at Police Station Mohan Nagar, Distt. Durg (CG) for the offence punishable under Section 109(1) of BNS, 2023, 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 4 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. (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