1 2026:CGHC:7649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 640 of 2026 Mukesh Yadav S/o Milau Ram Yadav, Aged About 28 Years R/o Village Jom, Police Station And Tahsil Chhuikhadan, District Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O.cer, Police Station Chhuikhadan, District Khairagarh-Chhuikhadan Gandai (K.C.G.) (Chhattisgarh) ... Non-applicant For Applicant : Mr. Veer Verma and Mr. Ankush Borkar, Advocates. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the :rst bail application :led 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. 387/2025 registered at Police Station Chhuikhadan, District-Khairagarh-Chhuikhadan-Gandai (C.G.), for the o=ences punishable under Sections 109, 296, 115(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The brief case of the prosecution is that on 22.10.2025, at about 14:45 hours, the complainant, Suryakant Dhurve, appeared at Police Station Chhuikhadan and lodged a report stating that he resides in Village Jom ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.12 15:22:12 +0530 2 and is engaged in farming. He has studied up to Class 10th. On that day, at about 07:00 AM, his father, Jagram Gond, had gone to graze goats towards Bhaisasur Khar of the village. At about 09:00 AM, his father returned home drenched in blood. Upon being questioned by the complainant, his father stated that while he was grazing goats at Bhaisasur Khar, the accused persons, namely Lekhram Yadav, Milau Ram Yadav, Umesh Yadav, and the present applicant, acting in conspiracy and with common intention, came to him. Referring to an earlier police report lodged against them, due to which they had to face court proceedings, they abused him in :lthy language, threatened to kill him, and thereafter accused Lekhram Yadav repeatedly struck multiple blows on his head with a tangiya (axe) that he was holding in his hand. In addition, the other accused persons assaulted him with :sts, punches, kicks, and blows. Blood was oozing from the injured person’s body. Thereafter, he somehow managed to save himself and reached home. Subsequently, the complainant admitted his father for treatment at the Government Hospital, Chhuikhadan. Thereafter, he came to the police station and lodged the report, seeking action against the accused persons. On the basis of the said complaint, Crime No. 387/2025 was registered at Police Station Chhuikhadan against the accused persons under Sections 109, 296, 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and a named First Information Report was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the co-accused, namely Milau Ram Yadav, whose case is identical to that of the present applicant, has already been granted regular bail by this Court in MCRC No. 10134 of 2025 vide order dated 10.12.2025. 3 Therefore, it is submitted that the present applicant is also entitled to be released on regular bail on the ground of parity. 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 submitted before the competent Court in this case. He submits that the co-accused, namely Lekhram Yadav, assaulted the injured with an axe knife, causing grievous injuries. So far as the present applicant is concerned, the allegation against him is that he allegedly assaulted the injured with hands and :sts. Therefore, the present applicant is not entitled to the grant of regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the main allegation is against the co-accused, namely Lekhram Yadav, who assaulted the injured with an axe, resulting in grievous injuries. So far as the present applicant is concerned, his case is distinguishable from that of the co- accused Lekhram Yadav, as the only allegation against him is that he assaulted the injured with hands and :sts, causing simple injuries. Furthermore, co-accused, namely Milau Ram Yadav, whose case is identical to that of the present applicant, has already been granted regular bail by this Court in MCRC No. 10134 of 2025 vide order dated 10.12.2025, therefore, this Court is of the opinion that the applicant is also entitled to be released on the ground of parity. 7. Let the Applicant – Mukesh Yadav, involved in Crime No. 387/2025 registered at Police Station Chhuikhadan, District-Khairagarh- Chhuikhadan-Gandai (C.G.), for the o=ences punishable under Sections 109, 296, 115(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be 4 released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall :le an undertaking to the e=ect that he shall not seek any adjournment on the dates :xed 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 :xed, either personally or through his counsel. In case of his absence, without su.cient 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 :xed 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 :xed 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 su.cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed 5 against him in accordance with law. 8. O.ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek