1 2026:CGHC:9291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1048 of 2026 Krishna Maitry S/o Lalaram Aged About 20 Years R/o Village - Bohardeeh (Dabhara), Nagar Panchayat, Dabhara, District - Sakti Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Dabhra, District - Sakti Chhattisgarh ... Respondent For Applicant : Shri Kishan Kumar Sonkar, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/02/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.261/2024 registered at Police Station Dabhra, District- Sakti [C.G] for the offence punishable under Sections 296, 351(2), 115(2), 117(2) and 109(1) of the BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.24 11:19:23 +0530 2 2. Case of the prosecution, in brief, is that on 06.07.2024, the complainant told the sister of the injured that the injured namely Lokeshwar Maitry was lying down near the shop of Bohardeeh unconsciously as someone assaulted the injured and thereafter getting the information, the injured was taken to the CHC Dabhara for medical treatment, then he was referred to Balajee Hospital for better treatment and on 11.07.2024, the injured has told that some person assaulted by using filthy languages and by threatening him and the doctor opined that the injuries are grievous in nature and therefore the FIR has been registered against the unknown person. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 05/12/2024 in MCRC No.8391/2024. He would submit that the applicant is languishing in jail since 01/10/2024 and so far as status of the trial is concerned, out of 25 prosecution witnesses, 10 prosecution witnesses have been examined 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 she would submit that charge sheet has been filed in this case and the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant 3 was rejected by this Court on merits vide order dated 05/12/2024 in MCRC No.8391/2024. Considering the fact that the applicant is languishing in jail since 01/10/2024, he has no criminal antecedents, so far as status of the trial is concerned, out of 25 prosecution witnesses, 10 prosecution witnesses have been examined and 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 second bail application is allowed and it is directed that the Applicant- Krishna Maitry, involved in Crime No.261/2024 registered at Police Station Dabhra, District- Sakti [C.G] for the offence punishable under Sections 296, 351(2), 115(2), 117(2) and 109(1) of the 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 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and 4 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. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri