1 2026:CGHC:8840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1745 of 2026 Abhishek Yadav S/o Uttam Yadav Aged About 25 Years R/o Dhangardipa, Raigarh, Tahsil And Distt. Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Distt. Raigarh, Chhattisgarh. ... Non-applicant _____________________________________________________ For Applicant :Mr. Ashish Gupta, Advocate. For Non-applicant/State :Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 1. The Applicant has preferred this 1st 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.456/2025 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 09:50:35 +0530 2 Station City Kotwali, District Raigarh (C.G.), for the offence under Sections 115(2), 127(2), 191(2), 191(3), 351(2), 296, 324(4), 331(6) and 3(5) of BNS. 2. According to prosecution story, on 06.09.2025 the complainant Shatrughan Mahant lodged a report at Police Station City Kotwali, Raigarh, alleging that on the night of 05.09.2025 the accused persons came near his house, abused him and entered the house through the roof. It is further alleged that they assaulted the complainant as well as Vicky Nagwanshi and Neelavati Mehar with hands, fists, and an iron rod. Based on the above allegations, the aforesaid offence has been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case for which, he is in jail since 19.09.2025. It is argued that the present Applicant has not been named in the FIR, charge sheet has been filed and co-accused namely Jaiki Chauhan has already been granted regular bail by this Court vide order dated 19.01.2026 passed in MCRC No.670/2026 and the case of the present Applicant is similar to that of the co- accused and therefore, he may also be granted bail on the grounds of parity. 3 4. On the other hand, learned State counsel opposes the bail application and submits that in the said dispute, a lady has suffered eye injury, therefore, the present Applicant is not entitled to be released on bail. 5. Having heard learned counsel for the parties and perused the record, considering that the Applicant is in custody since 19.09.2025 and he has not been named in the FIR, also considering that charge sheet has been filed and co-accused namely Jaiki Chauhan has already been granted regular bail by this Court vide order dated 19.01.2026 passed in MCRC No.670/2026, without further commenting anything on the merits of the case, this Court is inclined to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant- Abhishek Yadav involved in Crime No.456/2025 registered at Police Station City Kotwali, District Raigarh (C.G.), for the offence under Sections 115(2), 127(2), 191(2), 191(3), 351(2), 296, 324(4), 331(6) and 3(5) of 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 4 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. 7. 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 Priya