1 2026:CGHC:14082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1778 of 2026 1 - Nasir Khan S/o Samir Khan Aged About 24 Years R/o Vill- Sanjay Nagar Akaltara, P.S. Akaltara, District - Janjgir-Champa (C.G.) 2 - Moin Khan S/o Samir Khan Aged About 23 Years R/o Vill- Sanjay Nagar Akaltara, P.S. Akaltara, District - Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O., Police Station Akaltara District - Janjgir - Champa (C.G.) ... Non-applicant(s) For Applicants : Mr. Ravindra Sharma, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 04/2026, registered at Police Station : Akaltara District- Janjgir- Champa (C.G.) for the offence punishable under Section 296, 331(6), 115(2), 351(2), 74, 3(5) and 238 of B.N.S. as per impugned order. 2. The complainant, Sagar Gupta, lodged a complaint on 01.01.2026 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 against the present applicants and two other co-accused, namely Avinash Sarthi and Sumit Ragde, stating that on 31.12.2025, while he was celebrating New Year along with his family members and neighbor Aarti Sahu, applicant No. 02, Moin Khan, who had a prior dispute with the complainant, along with applicant No. 01 and other co-accused, arrived in front of his house at about 11:30 PM, abused him using filthy language and threatened to kill him, that out of fear, the complainant locked the door, whereupon the applicants and co- accused forcibly broke open the door, entered the house and assaulted him with hands and blows, while applicant No. 02 allegedly attacked him with a steel rod, it is further alleged that when the complainant’s mother, Lalita Gupta, intervened, she was also assaulted by the applicants and as a result of the incident, the complainant suffered injuries and pain and the occurrence was witnessed by his brother and neighbor, following which the complaint was lodged, that on the basis of the said complaint, Police Station Akaltara registered Crime No. 04/2026 for offences punishable under Sections 115(2), 296, 331(6), 351(2), and 3(5) of the BNS (corresponding to Sections 294, 323, 506, and 34 of the IPC), and during the course of investigation, Sections 74 and 238 of the BNS (corresponding to Sections 354 and 201 of the IPC) were further added and the applicants were arrested on 03.02.2026. 3. Learned counsel for the applicants submits that during the course of investigation, offences under Sections 74 and 238 of the B.N.S. have been falsely added and the Police Station Akaltara has arrested the applicants on 03.02.2026 despite the fact that they have not committed any offence as alleged and have been falsely implicated in 3 the present case. It is further submitted that the applicants neither used any filthy language nor caused any injury to the complainant or his family members by hand, blows or with any steel rod and that both parties are residents of the same locality having prior enmity, due to which a false and concocted complaint has been lodged against the applicants. It is also contended that there is no allegation of molestation in the F.I.R., and the same has been subsequently introduced during investigation on the basis of a false statement of the complainant’s mother, which is clearly an afterthought intended to give a serious colour to the case, further, it is submitted that only a minor dispute had taken place during the New Year celebration which was resolved on the spot, however, later on, the complainant lodged the present false complaint with an ulterior motive to implicate the applicants and to settle personal vendetta. It is also argued that there is no material available on record connecting the applicants with the alleged crime and that the applicants are in custody since 03.02.2026 with no likelihood of early disposal of the case, hence they deserve to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicants are serious, involving assault, threats and injury to the complainant and his family, witnessed by others, resulting in the registration of Crime No. 04/2026 under B.N.S. and that granting bail at this stage would impede the investigation, jeopardize the safety of witnesses, and would not be in the interest of justice. Accordingly, the bail application of the applicants be rejected. 5. I have heard learned counsel for the parties and perused the case- 4 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 03.02.2026 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant No.1 has no criminal antecedents whereas applicant No.2 has two previous criminal antecedent as the same has been explained in the bail application of para No.4(a) and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Accordingly, the bail application of the applicants is allowed. 8. Let applicants, Nasir Khan and Moin Khan, involved in Crime No. 04/2026, registered at Police Station : Akaltara District- Janjgir- Champa (C.G.) for the offence punishable under Section 296, 331(6), 115(2), 351(2), 74, 3(5) and 238 of B.N.S, be released on bail on furnishing their personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. 5 In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. OfÏce 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 Kunal