1 2026:CGHC:8823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1759 of 2026 Aanshik Kujur S/o Silvester Kujur Aged About 24 Years R/o Urdana Dipapara Raigarh Police Station Kotwali Raigarh, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Kotwali District - Raigarh Chhattisgarh ... Respondent For Applicant : Mr. Harsh Tripathi, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.02.2025 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. 667/2025 registered at Police Station - Kotwali Raigarh District - Raigarh(C.G.), for the offences punishable under Sections 119(1) 296, 351(2), 115(2), 118(1) & 3(5) of the BNS 2023. 2. As per prosecution story in brief is that on 22/12/2025 complainant namely, Niraj Minj gave an oral information to police of Police Station VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 10:14:09 +0530 2 Kotwali, Raigarh to the effect that on 21/12/2025 at around 09:00 PM., Deepak Chauhan, Aashik Uraon( the applicant) and Rakesh holding Tangi (an adze) and Frasa(an axe) reached him on scooter and started asking for money for food and drink. On his refusal, uttering abusive words, the applicant and Rakesh caught hold of him and Deepak Chauhan hit him with the axe on his right arm causing it to bleed. When his neighbour Shivraj Minj who was sitting there, stopped them from doing so, they also abused him and threatened to kill him. Deepak Chauhan hit Shivraj Minj on his right arm with the axe causing it to bleed. On the information of the incident given by the complainant, police of Police Station Kotwali registered First Information Report under Crime No. 667/2025 for the offences punishable under sections 119(1), 296, 351(2), 115(2),118(1) and 3(5) of the BNS against the applicant and two other namely, Deepak Chauhan and Rakesh. Deepak Chauhan was arrested on 23/12/2025 whereas the applicant and Rakesh were arrested on 07/01/2026. They are in jail since their arrest. On completion of investigation, charge-sheet was presented to the concerned Court. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. It is further submitted that the allegations do not make out any offence against the applicant and nothing has been seized from his possession. On medical examination of the complainant and Shiv Raj Minj, the doctor found that the injuries sustained by them are simple in nature. It is also submitted that the charge-sheet has already been presented before the competent court having jurisdiction to try the case; therefore, further custody of the applicant is not necessary for the 3 purpose of investigation and the likelihood of the trial concluding in the near future is remote. The applicant has been in judicial custody for the last one month and reserves his right to raise additional grounds and file relevant documents at the time of hearing. The applicant is a permanent resident of village Urdana Dipapara, Police Station Kotwali, District Raigarh, and there is no likelihood of his absconding. He is ready to furnish adequate surety and undertakes to abide by all the directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present 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 one criminal antecedent, 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 submissions advanced by learned counsel for the parties, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has one previous antecedent and is not alleged to have assaulted the injured, as the injury was sustained at the instance of the co-accused, namely Deepak Chauhan, and further considering that the charge-sheet has already been filed and the applicant has been in judicial custody since 07.01.2026, and that the conclusion of the trial is likely to take considerable time, this Court finds that the case of the present applicant is distinguishable from that of the said co-accused, Deepak Chauhan. Therefore, this Court is of the view that the present applicant 4 is entitled to be released on bail in this case. 7. Let the Applicant – Aanshik Kujur, involved in Crime No. 667/2025 registered at Police Station - Kotwali Raigarh District - Raigarh(C.G.), for the offences punishable under Sections 119(1) 296, 351(2), 115(2), 118(1) & 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