1 2026:CGHC:10268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1914 of 2026 Kamal Chauhan S/o Prakash Chauhan Aged About 23 Years R/o Pariyapara Ward No.04, Lalkhadan Mahmand P.S. Torwa Tehsil And District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Torwa, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Vikas Patel, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. For Objector : Mr. Sachin Nidhi, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.02.2026 1. The applicant has preferred this First 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. 09/2026, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 115(2), 118(1), 296 and 351(2) of the BNS. 2. The case of the prosecution, is that on 04.01.2026 complainant/victim submits that upon receiving a call from his wife about their child’s health, he returned home from work and took the child to the hospitals with applicant’s father namely Prakash Chauhan, when they returned the applicant started quarreling with his father and upon seeing the complainant he started assaulting him with wooden stick alleging that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the complainant provides liquor to his father, causing injuries to his right hand, shoulder and wrist. On the basis of the complaint, the FIR was lodged against the applicant and the applicant was arrested by the Police. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case, and the applicant is said to have 9 criminal antecedents, but out of which in 7 cases the applicant is not arrayed as an accused. It is submitted that the applicant is said to have assaulted the injured with wooden stick, but as per the MLC report, the injuries sustained to the injured only pertains to swelling and pain in the left shoulder. The applicant is in jail since 07.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel as well as learned counsel for the Objector opposed the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with an wooden stick due to which the injured has sustained injuries on his person, and there are 9 criminal antecedents of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that charge-sheet has been filed against the applicant and the applicant is said to have 9 criminal antecedents, but out of which in 7 cases the applicant is not arrayed as an accused, furthermore the applicant is said to have assaulted the injured with wooden stick, but as per the MLC report, the injuries sustained to the injured only pertains to swelling and pain in the left shoulder, the applicant is in jail since 07.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Kamal Chauhan, involved in Crime No. 09/2026, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 115(2), 118(1), 296 and 351(2) 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 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. 4 (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 Rajshekhar