1 2026:CGHC:7662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9231 of 2025 Toni Alias Tajeendar Dhanjal S/o Gulcharan Singh Aged About 28 Years R/o Potiya Chowk, Rishabh Prime City, Quater No. 204, F. Tower, Police Station- Padmanabhpur, District- Durg, C.G. (Details Of Applicant Is Properly Not Mentioned In Impugned Order Sheet, Correctly Detail Is Mentioned As Per Chargesheet) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station- Purur, District Balod, C.G. ...Non-applicant For Applicant : Ms. Priya Sharma, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2025 registered at Police Station - Purur District – Balod (C.G.), for the offences punishable under Sections 296, 351(2), 118(1), 109, 3(5) VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.12 10:43:58 +0530 2 of the BNS, 2023. 2. The prosecution story in brief is that on As per the prosecution case, on 05.06.2025 at about 9:00 p.m., the complainant, who is a truck driver of vehicle bearing No. CG-07-CS-0102, left from village Pateli for Tasi for loading goods. At around 11:30 p.m., when he reached near Bhainsmundi village, he parked his truck at a place where 3–4 other trucks were already parked. At that time, the present applicant Tony Sardar along with co-accused Shivam Singh reached the spot and questioned the drivers as to who had permitted them to park their trucks there. It is alleged that co-accused Shivam Singh started abusing the drivers and asked the complainant to move his truck, and thereafter assaulted him with a knife causing injuries on his hand and head. On the basis of the report lodged by the complainant, the police registered Crime No. 53/2025 against the applicant and other accused persons for offences punishable under Sections 296, 351(2), 118(1), 109, 3(5) of the BNS, 2023, corresponding to Sections 294, 506, 324, 307 and 34 of the IPC. 3. Learned counsel for the applicant submits that the applicant is an The applicant submits that he is innocent and has been falsely implicated in the present case. No weapon or looted article has been recovered from his possession, and the incident, if any, arose out of a sudden dispute between the co-accused and the complainant/injured persons regarding parking of vehicles along the roadside, during which only a verbal altercation took place involving the applicant. As per the MLC report, the injuries sustained by the injured persons are simple in nature; the alleged injury to Gopendra is a minor cut measuring about 3 1 cm × 1 cm on the right arm, and the injury to Sanjay Kumar is also simple, consisting of a minor internal wound measuring about 0.5 cm × 0.2 cm along with one abrasion. It is further submitted that co- accused Shivam Singh has already been enlarged on bail by this Hon’ble High Court in MCRC No. 5822/2025 vide order dated 03.09.2025, and on the ground of parity the present applicant is also entitled to bail. The charge-sheet has already been filed, no custodial interrogation is required, and the applicant has been in judicial custody since 06.06.2025, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has five criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the injuries sustained by the victims being simple in nature, and the fact that one co-accused, namely Shivam Singh, has already been granted bail by this Court in MCRC No. 5822 of 2025 vide order dated 03.09.2025, and further taking into account that the charge- sheet has already been filed before the competent Court and that the applicant has remained in judicial custody since 06.06.2025, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 4 7. 4 7. Let the Applicant – Toni Alias Tajeendar Dhanjal, involved in Crime No. 53/2025 registered at Police Station - Purur District – Balod (C.G.), for the offences punishable under Sections 296, 351(2), 118(1), 109, 3(5) of the BNS, 2023, be released on bail on his furnishing personal bond with two local 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 his 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav