1 2026:CGHC:22701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3463 of 2026 1 - Shankar Tigga S/o Lallu Tigga Aged About 55 Years R/o Village- Tildega, Katangtarai, P.S.- Patthalgaon District- Jashpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S.- Patthalgaon District- Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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. 220/2025, registered at Police Station – Patthalgaon, District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 118(1) & 118(2) of the Bharatiya Nyaya ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Sanhita, 2023 (BNS). 2. The case of the prosecution is that, the complainant, namely Faran Bada, lodged a First Information Report (F.I.R.) on 20.11.2025 alleging therein that on 26.10.2025, while the wife of the complainant was engaged in agricultural work in her field, the present applicant came to the land adjacent to that of the complainant and started collecting wood from the complainant’s field. It is alleged that when the complainant’s wife objected to the said act and attempted to restrain the applicant, the applicant abused and assaulted her. On the basis of the aforesaid allegations, the present offences came to be registered against the applicant. 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 there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. He further submits that the injured sustained injuries on her face caused by an axe and, although the injuries are grievous in nature, the same have not been opined to be dangerous to life. It is also submitted that the applicant is in judicial custody since 12.12.2025 and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned counsel for the State has opposed the bail application and submitted that although no criminal antecedents are registered against the present applicant and the charge-sheet has already been filed in the matter, the injuries sustained by the injured are grievous in nature and, therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, particularly the nature and gravity of the allegations levelled against the applicant, the fact that no criminal antecedents are registered against the present applicant, that the charge-sheet has already been filed. The injuries sustained by the injured were allegedly caused by an axe and are stated to be on the face. Although the injuries have been opined to be grievous in nature, the doctor has not stated that the same are dangerous to life. Further considering that the applicant is in judicial custody since 12.12.2025 and the conclusion of the trial is likely to take considerable time, therefore, this Court is inclined to allow the present application. 7. Let applicant, Shankar Tigga, involved in Crime No. 220/2025, registered at Police Station – Patthalgaon, District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 118(1), 118(2) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 4 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. (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. 5 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 Saxena