1 2026:CGHC:23322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4669 of 2026 1. Lokeshwar Raut S/o- Lalit Raut Aged About 31 Years R/o- Shiv Nagar, Vishkarma Chowk, P.S. Azad Chowk, District- Raipur (C.G.) (As Per Correct Details) 2. Siddharth Sharma S/o- Ramkumar Sharma Aged About 23 Years R/o- Shiv Nagar, Vishkarma Chowk, P.S. Azad Chowk, District- Raipur (C.G.) (As Per Correct Details) 3. Santosh Sharma S/o - Brahmanand Sharma Aged About 44 Years R/o- Shiv Nagar, Vishkarma Chowk, P.S. Azad Chowk, District- Raipur (C.G.) (As Per Correct Details) 4. Pravin Sharma, S/o- Vishnudayal Sharma Aged About 35 Years R/o- Shiv Nagar, Vishkarma Chowk, P.S. Azad Chowk, District- Raipur (C.G.) (As Per Correct Details) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Azad Chowk, District- Raipur (C.G.) ... Non-applicant For Applicants : Mr. Aishwary Diwan, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.15 18:32:42 +0530 2 who have been arrested in connection with Crime No. 63/2026 registered at Police Station : Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 109, 296, 351(2), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 28.03.2026 at around 8:30 p.m., Applicant No. 1 was walking on the side of the road while using headphones. At the same time, the complainant, namely M.D. Hadi, along with his friend, namely Mastan, were riding a scooter. The complainant honked from behind to alert Applicant No. 1, but he did not hear it. Thereafter, the complainant drove the scooter alongside Applicant No. 1, whereupon Applicant No. 1 allegedly abused the complainant. Consequently, a quarrel started between both sides, and they allegedly assaulted each other with hands and a wooden stick. On the basis of the aforesaid allegations, an offence under Sections 109, 296, 351(2), 115(2), and 3(5) of the BNS has been registered at Police Station Azad Chowk in Crime No. 63/2026 dated 29.03.2026. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the present case. He submits that there is a counter case arising out of the said incident and that both sides have sustained injuries. He further submits that the learned trial Court failed to appreciate that the injuries caused to the complainant and other witnesses are non-grievous in nature, which is also apparent from the medical examination reports of the complainant and other witnesses. He submits that the learned trial Court further failed to appreciate that this is a case of a counter FIR, wherein applicant No. 1 himself had lodged an FIR in respect of the same incident as Crime No. 62/2026 at Police Station Azad Chowk prior to the lodging of the 3 aforesaid FIR. It is also submitted that the learned trial Court failed to consider that a compromise has already been effected between both parties, whereby the family members of both sides have amicably resolved the dispute and have assured that such incidents will not recur in future, which is also reflected in the order of the learned trial Court. He further submits that the present applicants have no criminal antecedents and have been in jail since 29.03.2026. Since the conclusion of the trial is likely to take some time, he therefore prays for grant of regular bail to the applicants. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that there are cross cases arising out of the incident and both sides have sustained injuries, coupled with the fact that the charge-sheet has already been filed before the competent Court in the present case and the applicants have been in jail since 29.03.2026, and as the trial is likely to take some time for its conclusion, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Lokeshwar Raut, Siddharth Sharma, Santosh Sharma and Pravin Sharma involved in Crime No. 63/2026 registered at Police Station : Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 109, 296, 351(2), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal 4 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. 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 misuse 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. 5 8. 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 Abhishek