1 2026:CGHC:7909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 773 of 2026 Krishna Pal S/o Suresh Pal Aged About 26 Years R/o Village - Suhela, Thana - Suhela, Distt - Baloda Bazar - Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Sho, Police Station - Suhela, Distt - Baloda Bazar - Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2026 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. 250/2025 registered at Police Station Suhela, District Balodabazar- Bhatapara, (C.G.), for the offences punishable under Sections 296, 115(2), 109(1), 191(2), 191(3), 190 Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant Khemraj Verma VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 12:59:19 +0530 2 appeared before Police Station Suhela alleging that on 27.09.2025 at about 10:00 PM, while he was returning from Village Lohari, his son (the victim) informed him that when he was coming from Suhela, midway, the present applicant got disturbed by the pressure horn of the victim’s motorcycle, as a result of which he started using filthy language. Thereafter, the present applicant along with other co- accused assaulted the victim, Deepak, by hands and fists and with a wooden article, and also abused him. Due to the said incident, the victim sustained injuries. On the basis of the written complaint, the present applicant has been arrested in Crime No. 250/2025 for the offences punishable under Sections 296, 115(2), 109(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita. 3. The applicant submits that he has been falsely implicated by the complainant in the present case. It is further submitted that the co- accused persons, namely Balram Pal, Rahul Verma (MCrC No. 9318/2025) and Dhananjay (MCrC No. 188/2026), have already been granted bail by this Hon’ble Court vide order dated 09.01.2026. The injured persons were taken to the hospital and, as per the MLC report, no grievous injuries were found on their bodies nor were the injuries dangerous to life; however, the police registered the offence under Section 109 of the BNS and arrested the applicant. The investigation has been completed and, from perusal of the medical report, the offence under Section 109 of the BNS is not made out; at most, an offence under Section 115(2) of the BNS, which is bailable in nature, is attracted against the applicant. It is also submitted that there is no specific allegation against the present applicant of causing injury to the injured persons. The applicant is a permanent resident of the address 3 mentioned in the cause title, and there is no likelihood of her absconding or tampering with the prosecution witnesses. 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 three criminal antecedents, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the other co-accused person, namely Balram Pal and Rahul Kumar Verma @ Omkumar Verma have already been granted regular bail by this Court in MCRC No. 9318 of 2025 vide order dated 08.01.2025. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 11.11.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Krishna Pal, involved in Crime No. 250/2025 registered at Police Station Suhela, District Balodabazar-Bhatapara, (C.G.), for the offences punishable under Sections 296, 115(2), 109(1), 191(2), 191(3), 190 Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 4 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. (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