1 2026:CGHC:10565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10548 of 2025 Jitendra Sidar S/o Chamra Sidar, Aged About 22 Years R/o Village Navrangpur, Police Station Sarangarh, District Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Sarangarh, District Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicant : Shri Raghvendra Pradhan, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/02/2026 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.294/2025 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 109 (1) of Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.28 17:33:03 +0530 2 2. Case of the prosecution, in brief, is that the complainant lodged report alleging that on 21-06-2025 about 7.00 PM. one call was received from Ashok Patel, who informed the complainant that near Sanjay Nande Pan Shop, the present applicant assaulted the brother of complainant with a sharp knife and during the investigation, it revealed that the applicant is working in Government Fair Price Shop, where he was distributing rice and other materials to the villagers and during this the quarrel took place between the present applicant and brother of complainant, the present applicant assaulted the brother of complainant with intention to causing death with a sharp knife and that caused serious injuries on his neck and thereafter he was taken to the Private Hospital and the police has registered the crime for the offence as mentioned above. 3. It has been argued by learned counsel for the applicant that though the applicant is said to have caused injuries to the injured by knife who has suffered incised wound and the injury is stated to be grievous in nature but the applicant is languishing in jail since 22/06/2025 and as per the order sheet of the trial court, it is evident that the complainant who is the real brother of the injured is not appearing before the trial court, on account of which the trial is held up. He would submit that the charge sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, further considering the fact that though the applicant is said to have caused injuries to the injured by knife who has suffered incised wound and the injury is stated to be grievous in nature, as per the order sheet of the trial court, it is evident that the complainant who is the real brother of the injured is not appearing before the trial court, on account of which the trial is held up, considering the fact that the applicant is languishing in jail since 22/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore 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 and it is directed that the Applicant- Jitendra Sidar, involved in Crime No.294/2025 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 109 (1) of Bhartiya Nyay Sanhita, 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 4 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 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 gouri