1 2026:CGHC:4776 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 954 of 2026 Durgesh Yadav S/o Shri Nand Kumar Yadav Aged About 28 Years R/o Ward No.4, Nevra Police Station - Tilda Nevra, Tehsil- Tilda And District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- S.H.O. P.S. Tilda Nevra District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 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 applicant who has been arrested in connection with Crime No. 399/2025, registered at Police Station - Tilda Nevra District- Raipur (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 109, 3(5) of the BNS 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution story in brief, is that the complainant Mohd. Farid VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:04 +0530 2 Khan, resident of Tajnagar Ward No. 10, Nevra, lodged a report stating that on 09.09.2025 at about 10:00 PM, after having dinner, he along with Mohd. Akram went for a walk near Bhattar Chowk, Nevra, where they met Taufiq Ahmed and Shahbaz Khan. At around 10:10 PM, when people from Mohbhatta Para were proceeding for immersion of a Ganesh idol, the present applicant/accused Durgesh Yadav, while swinging a stick, allegedly hit the motorcycle of Taufiq Ahmed and, upon objection, again struck Taufiq Ahmed with the stick. It is further alleged that thereafter Durgesh Yadav and other members of the Ganesh Samiti intervened and were explaining the matter, when one person named Kala arrived, abused the complainant party, threatened them with death, and assaulted Taufiq Ahmed with a knife, causing an injury to his stomach. When Shahbaz Khan and Mohd. Akram attempted to intervene, Kala allegedly attacked Shahbaz Khan with a knife twice with intent to kill, causing injuries to his stomach and back, and during the incident the applicant was also allegedly assaulted with fists. The injured persons were immediately taken to Khushi Hospital, Tilda, for treatment. On the basis of the said complaint, a crime was registered and investigation was initiated, and on 10.09.2025 the present applicant along with two other co-accused was arrested, produced before the concerned Court, and remanded to judicial custody. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. The applicant submits that in the present case, as the incident allegedly occurred during Lord Ganesh Visarjan and there was no 3 intention on the part of the applicant to abuse or cause any injury to the victim. It is specifically submitted that the applicant did not assault the injured persons and, at most, the stick accidentally struck the injured, from which the dispute arose. It is further submitted that one of the co-accused, namely Sandeep Druv, has already been granted regular bail by this Hon’ble Court in M.Cr.C. No. 292/2026 vide order dated 12.01.2026, and the applicant has duly explained his previous antecedents and placed on record the status reports of all cases. The applicant has been in judicial custody since 10.09.2025, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has six criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and further considering the fact that the similarly situated co-accused, namely Sandeep Druv, has already been granted regular bail by this Hon’ble Court in M.Cr.C. No. 292/2026 vide order dated 12.01.2026, this Court finds that the present applicant is entitled to the benefit of parity. Accordingly, this Court is of the considered opinion that the applicant deserves to be released on bail. 4 7. Let applicant, Durgesh Yadav, involved in Crime No. 399/2025, registered at Police Station - Tilda Nevra District- Raipur (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 109, 3(5) of the BNS 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 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 fixed 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 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 him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. dSd/- (Ramesh Sinha) Chief Justice vaibhav