1 2026:CGHC:22335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4388 of 2026 Mohan Soni S/o Late Shri Damru Soni Aged About 24 Years R/o Kapa, Lodhipara Sangam Chowk, P.S. Pandari, Distt.- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Devendra Nagar, Distt.- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.05.2026 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. 325/2024, registered at Police Station – Devendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 09.10.2024 the complainant, being the father of the injured, lodged a complaint at the concerned police station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.13 11:19:19 +0530 2 stating that on 06.10.2024, at about 06:30-06:45 a.m., his son, Bunty Deep @Bunny, after taking Rs. 20/- from his mother at their residence situated at Durga Nagar, Jagat Gali, proceeded towards Sahu Hotel for tea. It is alleged that when he reached in front of Jagat Gali, Durga Nagar, Pandri, Raipur, the accused namely Nikku @ Naresh Durga along with co-accused Rohit Tandi, Naveen @ Prakash Soni and Mohan Soni, who were already present there, on seeing him, started abusing him in filthy language on account of a previous enmity. When the injured objected to such abuses, the accused persons allegedly extended threats to kill him and thereafter assaulted him. It is further alleged that the co-accused persons assaulted him with fists and blows, while the accused Naresh Durga inflicted knife blows, as a result of which the injured sustained grievous injuries on his chest, abdomen and back, and his intestines protruded out. On the basis of the said complaint, the police registered Crime No. 325/2024 and, after completion of investigation, filed charge-sheet against the present applicant under Sections 296, 115(2), 351(2), 109 and 3(5) of the BNS Hence, the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the allegation against the applicant is only to the effect that he assaulted the injured with hands and fists, whereas the injuries sustained by the injured were allegedly caused by knife blows inflicted by the co-accused, Nikku @ Naresh Durga. It is further submitted that the co-accused persons have already been granted bail by this Court vide orders dated 11.05.2026 passed in MCRC Nos. 2880/2026 and 3456/2026. It is also submitted that the applicant has no previous criminal antecedents and is in judicial custody since 06.12.2024. As the trial is likely to take considerable time to conclude, learned counsel prays for 3 grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. He further submitted that from a perusal of the record, it transpires that the applicant assaulted the injured with hands and fists, whereas the co-accused, Nikku @ Naresh Durga, assaulted the injured with a knife. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the allegation against the applicant is only to the effect that he assaulted the injured with hands and fists, whereas the injuries sustained by the injured were allegedly caused by knife blows inflicted by the co-accused, Nikku @ Naresh Durga, further co-accused persons have already been granted bail by this Court vide orders dated 11.05.2026 passed in MCRC Nos. 2880/2026 and 3456/2026, also considering the fact that the applicant has no previous criminal antecedents and is in judicial custody since 06.12.2024, and the case of the applicant is distinguishable from that of the co-accused persons, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Mohan Soni, involved in Crime No. 325/2024, registered at Police Station – Devendra Nagar, District - Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023., be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the 4 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 his 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 his, 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 his 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 Preeti