1 2026:CGHC:23812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3366 of 2026 Prakash Thakur S/o Late Leeladhar Thakur Aged About 19 Years R/o Armarikla Police Station Sanaud (Wrongly Mentioned As Sanud In Cause Title Of Impugned Order) District- Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Ranchirai District- Balod (C.G.) ... Respondent For Applicant : Ms. Sweksha Sharma, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.05/2026 registered at Police Station Ranchirai, District Balod (C.G) for the offence punishable under Sections 296, 118 (1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (FIR registered under Sections 296, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.16 17:39:02 +0530 2 118 (1), 3(5) of Bharatiya Nyaya Sanhita, 2023). 2. Case of the prosecution, in brief, is that the complainant is the friend of the applicant and on 13.01.2026, he was persuading the applicant and his friends that they should leave the prior disputes regarding disputes in village after which the applicant and his friends said to the complainant that he is supporting the other party and the co-accused Ashish Mandawi hit the complainant with Thermocol Cutter and the applicant and co-accused assaulted the complainant with hand and fists. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She would submit that the co-accused who have assaulted the injured with thermocol cutter has been granted bail by the trial court. She would submit that only allegation against the applicant is that he had assaulted the injured with hands and fists. She would submit that the applicant is in jail since 20/03/2026 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused has been granted bail by the trial court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact that co-accused has been granted bail by the trial court, period of detention of the applicant since 20/03/2026 and also considering the 3 fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Prakash Thakur, involved in Crime No.05/2026 registered at Police Station Ranchirai, District Balod (C.G) for the offence punishable under Sections 296, 118 (1), 118(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (FIR registered under Sections 296, 118 (1), 3(5) of Bharatiya Nyaya Sanhita, 2023), 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 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, 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri