1 2026:CGHC:8796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1634 of 2026 Prakhar Chandrakar S/o Kamal Narayan Chandrakar Aged About 25 Years R/o Ruwabandha Sector 193/ Police Station Bhilainagar, District Durg C.G.( Particular Of The Applicant Is Not Properly Mentioned In The Cause Title Of The Bail Order Which Is Being Mentioned As Per The Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through S H O, Police Station Telibandha,district Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Mr. Priyank Rathi, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 608/2025 registered at Police Station Telibandha,district Raipur (C.G.) for the offence punishable under Sections 109, 111, 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 21.09.2025, the complainant, Ajju Pandey lodged a report stating that a quarrel took place between him and the present applicant at Hotel Sheetal International, Raipur. It is alleged that the applicant, along with his friends, without any provocation, assaulted the complainant with hands and fists. As a result of the said assault, the complainant sustained injuries on his right eye, mouth, head and forehead. On the basis of the report, the concerned Police Station registered the FIR and arrested the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Prem Kumar Dhurandhar has already been granted bail by this Court vide order dated 23.01.2026 in MCRC No.831 of 2026. The applicant is in jail since 13.10.2025, the applicant has 10 criminal antecedents, out of which, two cases have been disposed off, in two cases applicant has been acquitted, in one case name of the applicant has not been found, record of one case has not been found and rest of the four cases are pending, further charge-sheet has been filed 3 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant on 21.09.2025, at Hotel Sheetal International, Raipur, along with his associates, without any provocation, assaulted the complainant Ajju Pandey with hands and fists, thereby causing injuries to his right eye, mouth, head and forehead. Furthermore, seizure of metal punch has been made from the present applicant and the applicant has 10 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 13.10.2025, the fact that though the along with his associates, without any provocation, assaulted the complainant Ajju Pandey with hands and fists, thereby causing injuries to his right eye, mouth, head and forehead, but considering the fact that that one of the co-accused, namely, Prem Kumar Dhurandhar has already been granted bail by this Court vide order dated 23.01.2026 in MCRC No.831 of 2026 and the case of present applicant is identical to that of the aforesaid co-accused, also 4 considering the criminal antecedents of the applicant and the fact that the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Prakhar Chandrakar, involved in Crime No. 608/2025 registered at Police Station Telibandha,district Raipur (C.G.) for the offence punishable under Sections 109, 111, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil