1 2026:CGHC:5600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 57 of 2026 • Badal Sarthi S/o Ganesh Sarthi Aged About 22 Years R/o Village Navaparakala, Navanagar, P.S. Darima, District Sarguja (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. Ambikapur, District Sarguja (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kamlesh Patel, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2026 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. 553/2025, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 119(1), 115 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant is a resident of Village Raikera under Police Station Sitapur and is presently residing with his family in a rented house near Navagadh Power House, Ambikapur. It is stated that the complainant is employed at a tyre VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.02 18:19:33 +0530 2 shop situated at Kharsia Naka. On 08.08.2025 at about 11:30 p.m., the complainant, along with his sister Shaheen Begum, had gone to purchase eggs from a roadside egg cart near Navagadh Mosque. At that time, it is alleged that the applicant Badal, along with certain other persons, was present at the spot and allegedly demanded money from the complainant. Upon refusal, a verbal altercation is stated to have taken place, which thereafter allegedly resulted in a scuffle between the parties. It is further alleged that during the said incident, the complainant and his sister sustained certain injuries. Upon hearing the commotion, nearby residents, including the complainant's father, reached the spot. The prosecution further alleges that the complainant's father also sustained injuries during the incident. On the aforesaid complaint of the complainant, the police of PS Ambikapur has registered the offence against the applicant, hence this bail application. 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 the allegation made against the applicant are based on a sudden altercation allegedly arising out of a refusal to give money. He further submits that injuries received by the injured are simple in nature. It is further contended that there is no criminal antecedents registered against the present applicant. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 17.11.2025 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, and the charge-sheet has 3 been filed in this case. 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 only one criminal antecedents registered against the present applicant, injuries received by the injured are simple in nature, charge-sheet has been filed against the applicant, the applicant is in jail since 17.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Badal Sarthi, involved in Crime No.553/2025, registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 296, 351(3), 119(1), 115 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali