1 2026:CGHC:6585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1227 of 2026 Vishal Bansfod S/o Late Chandrika Bansfod Aged About 19 Years R/o Baigapara Atal Aawash Lakholi, Police Station Kotwali, District : Rajnandgaon, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House O0cer, Police Station City Kotwali, District : Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Aditya Bharadwaj, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.02.2026 1. This is the First bail application 7led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 450/2025 registered at Police Station : Kotwali, District – Rajnandgaon (C.G.) for the o>ence punishable under Sections 296, 309(4), 109(1), 126(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the victim/complainant, namely Pramod Turkane, lodged a report at the police station stating that on the intervening night of 24.08.2025 at around 02:30 AM, while he was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.06 11:07:57 +0530 2 travelling from Mohara to Sundara on a motorcycle with his friend Deep, and when they reached near the Mahavir Group Bypass, their motorcycle bearing registration number CG-08-AY-2397 was stopped by the present applicant, Vishal Bansfod, along with two other persons. They abused them, assaulted them with 7sts and a knife, and looted Rs. 400/- in cash and a mobile phone kept in his pocket. On the basis of the said report, a crime was registered and the investigation was taken up. Upon arrest and interrogation, the present applicant, Vishal Bansfod, is stated to have admitted to committing the o>ence on the said date along with Rahul Chauhan and Rajesh Kumar Sahu. It is further alleged that the injured Pramod Turkane sustained grievous injuries caused by a pointed object, i.e., a knife, on the left side of his face and on the right side of the middle part of the axillary line. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the Medico-Legal Certi7cate (MLC) records that the injured sustained 7ve injuries, of which two are described as “dangerous” and three as “simple.” However, the mere description of injuries as “dangerous” in the MLC does not, by itself, satisfy the statutory ingredients of Section 115(2) of the Bharatiya Nyaya Sanhita, 2023, which contemplates grievous hurt caused by dangerous means of such a nature as to endanger life or to be likely to cause death. He further submits that the prosecution alleges that the applicant assaulted the injured with a knife seized and marked as Article ‘A’. However, the Forensic Science Laboratory (FSL) report categorically records that the blood stains found on the seized knife were “negative.” He also submits that the co- accused, Rahul Chauhan, was granted bail vide order dated 14.01.2026 passed in MCRC No. 476 of 2026. While granting bail to the said co- 3 accused, this Court distinguished his case from that of the present applicant on the premise that the applicant was alleged to have used a sharp-edged weapon. He submits that the said distinction was entirely premised on the existence of a weapon allegedly linked to the applicant, and the subsequent FSL report has now completely eroded and nulli7ed that foundation. He further submits that the applicant has been in jail since 25.08.2025 and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 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 o>ence, and the further fact that the allegation against the applicant is that he assaulted the injured with a knife, which, as per the MLC, is stated to have caused a dangerous injury, and further that the charge-sheet has already been submitted before the competent Court, and that the applicant has been in jail since 25.08.2025 while the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Vishal Bansfod, involved in Crime No. 450/2025 registered at Police Station : Kotwali, District – Rajnandgaon (C.G.) for the o>ence punishable under Sections 296, 309(4), 109(1), 126(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the 4 satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 7le an undertaking to the e>ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su0cient 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 7xed 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 7xed 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 su0cient 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. O0ce is directed to send a certi7ed copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek