1 2026:CGHC:9497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1875 of 2026 Krishna Kumar Sahu @ Krishnaa Sahu S/o Sundar Lal Sahu Aged About 40 Years R/o Village Okhar, P.S. Pachpedi, Distt. Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer P.S. Pachpedi, District Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Akhtar Hussain, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2026 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 connection with Crime No. 371/2025 registered at Police Station Pachpedi, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3) and 118(2) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in nutshell, is that on 04.12.2025 the complainant lodged a report at Police Station Pachpedi, District RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Bilaspur (C.G.), alleging that on 30.11.2025 at about 6:30 PM, the present appellant came to her house and began abusing her in filthy language on the ground that she had not prepared fish curry for dinner. It is further alleged that the appellant started assaulting the complainant, and upon hearing the commotion, her son came out of his room and attempted to intervene, whereupon the appellant also abused and threatened him. Thereafter, the appellant allegedly picked up a ‘hasiya’ (sharp-edged agricultural weapon) and inflicted injuries on the hands and fingers of the complainant’s son, as a result of which he sustained injuries and was admitted to the hospital for treatment. Upon receiving the information, the concerned police registered a crime on the basis of preliminary enquiry, arrested the accused during the course of investigation, and after completion of investigation, filed the charge-sheet against the present applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and has been falsely implicated in the present case due to previous enmity and personal grudge between the parties. It is further submitted that the applicant has neither committed nor participated in any act constituting the alleged offences, and a bare perusal of the FIR does not disclose any specific or overt allegation against him. The injured, namely Lucky Sahu, who is the son of the complainant, was admitted to the hospital on 30.11.2025 and was discharged after treatment on 05.12.2025, and there is no specific medical opinion indicating that the injuries sustained were grievous in nature or sufÏcient to cause 3 death. It is also submitted that no incriminating article or weapon, including any sharp-edged or deadly weapon, has been seized from the possession of the present applicant, and the entire charge-sheet does not disclose any cogent evidence connecting the applicant with the commission of the alleged offence. He also submits that the present applicant has no criminal antecedent, he is in jail since 26.12.2025, charge-sheet has been filed 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the allegations against the present applicant are serious and supported by the statements of the complainant and the injured witness. It is contended that the applicant not only abused and assaulted the complainant but also attacked her son with a sharp-edged weapon (hasiya), causing grievous injuries to his hands and fingers. It is further submitted that the injured was admitted to the hospital and had to undergo surgery due to the severity of the injuries sustained in the incident. Considering the nature of the weapon used, the manner of assault, the medical evidence including surgical intervention, and the gravity of the offence, it is submitted that a prima facie case is clearly made out against the applicant. Therefore, looking to the seriousness of the allegations, the applicant is not entitled for grant of bail. 4 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, the fact that though there are allegations that the applicant assaulted the injured with a sharp- edged weapon, but the injured is son of the complainant and the applicant is her family member, indicating that the incident arose out of a domestic dispute. The medical record reflects that the injured sustained injuries on his hands and fingers and, though he underwent treatment, but the injuries are not shown at this stage to be life-threatening in nature. Further the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case and he is in jail since 26.12.2025 and the trial is likely to take sometime 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 bail application is allowed. Let the Applicant- Krishna Kumar Sahu @ Krishnaa Sahu, involved in Crime No. 371/2025 registered at Police Station Pachpedi, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3) and 118(2) of Bharatiya Nyaya Sanhita, 2023, 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 5 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan