1 2026:CGHC:22331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4423 of 2026 Sagar Nishad @ Poku S/o Ramji Nishad Aged About 22 Years R/o Village Jarouda, Bhatapara, P.S. Vidhansabha, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Vidhansabha, Raipur, District Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Non-applicant(s) : Mr. Smriti Shrivastava, Panel Lawyer. 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 (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.431/2025, registered at Police Station Vidhansabha, District- Raipur, (C.G.) for the offence punishable under Sections 296, 109, 351(2), 3(5) of B.N.S. 2. The case of the prosecution, in brief, is that the complainant lodged a written complaint before the concerned Police Station alleging that, on the date of the incident, a dispute arose between the parties due to KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 previous enmity. Thereafter, the accused persons allegedly assaulted the injured person with a rod, as a result of which the injured sustained simple injuries. Based upon the said complaint, the police registered an offence punishable under Sections 296, 109, 351(2), and 3(5) of the B.N.S. vide Crime No. 431/2025 against the present applicant and other accused persons. 3. Learned counsel for the applicant submits that the allegation levelled against the present applicant is that he, along with other co-accused persons, assaulted the injured with a hard and blunt object, on account of which the injured sustained a simple injury on his head. He further submits that, as per the MLC report, the injured has not suffered any internal head injury. He also submits that no weapon has been seized from the possession of the present applicant. Further, in the present case, the charge-sheet has already been filed before the competent Court and the applicant is in jail since 04.09.2025. He submits that the conclusion of the trial is likely to take some time; therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that there are specific allegations against the present applicant that he, along with other co-accused persons, assaulted the injured with a hard and blunt object due to previous enmity between the parties, as a result of which the injured sustained simple injuries on his head. She further submits that considering the nature and gravity of the offence and the active participation of the present applicant in the commission of the offence and the applicant has one criminal antecedent, he is not entitled to be released on bail. 3 5. Taking into consideration the facts and circumstances of the case, nature of allegations levelled against the applicant and particularly considering the fact that the injuries sustained by the injured are simple in nature as reflected from the MLC report, coupled with the fact that the applicant is in judicial custody since 04.09.2025, the charge-sheet has already been filed and the applicant has one criminal antecedent, the trial is in progress and its conclusion is likely to take considerable time, thus, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the applicant. 6. Accordingly, the bail application is allowed. 7. Let applicant, Sagar Nishad @ Poku, involved in Crime No.431/2025, registered at Police Station Vidhansabha, District- Raipur, (C.G.) for the offence punishable under Sections 296, 109, 351(2), 3(5) of B.N.S, 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 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 sufÏcient 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice 0. Kunal