1 2026:CGHC:22586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4471 of 2026 Tanush Sen S/o Chandrakant Sen, Aged About 18 Years R/o Beside Nirankari Furniture Gali, Mala, Pandari Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Of Police Station Devendra Nagar, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Raghuvendra Pradhan, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, 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. 21/2026, registered at Police Station – Devendra Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per brief facts of the prosecution case is that, the complainant Sohan Nishad on dated 26-02-2026 in between 11.00 AM to 11.30 AM, he was sitting on his motorcycle near Shiv Temple Paras Nagar, at that time, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.14 12:07:34 +0530 2 present applicant along with other co-accused persons came there and due to old enmity started abusing the complainant with filthy languages and when the complainant objected the same, the accused persons started assaulting him with fist and blows, meanwhile the other co-accused persons caught the hand of the complainant and the present applicant assaulted the complainant with knife, resultantly the complainant sustained grievous injuries. 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 applicant had sustained injuries on his hand and was assaulted by the injured party, and that he acted in self-defence to protect himself. It is also submitted that the applicant had lodged a complaint against the injured. Learned counsel further submits that the charge-sheet has already been filed, the applicant has no previous criminal antecedents, and he is in judicial custody since 26.02.2026. As the trial is likely to take considerable time to conclude, learned counsel prays for grant of bail. 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, the applicant is alleged to have assaulted the injured with a knife on his head, neck, and back. 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 applicant himself sustained injuries on his hand and was allegedly assaulted by the injured party, it appears that he acted in self- 3 defence to protect himself, further the injured party is stated to have sustained injuries on the neck, head, and back, also considering the fact that there is a cross-case between the parties and that both sides received injuries, further, considering the fact that charge-sheet has been filed, the applicant has no previous criminal antecedents and has been in judicial custody since 26.02.2026, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Tanush Sen, involved in Crime No. 21/2026, registered at Police Station – Devendra Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 109 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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. 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