1 2026:CGHC:24113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3428 of 2026 • Sharad Kumar Nirmalkar S/o Santosh Nirmalkar Aged About 21 Years R/o Village Mandhar, Police Station Vidhansabha, District- Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer Police Station Vidhansabha, District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shivendu Pandya, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 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. 29/2026, registered at Police Station – Vidhansabha, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of BNS, 2023 and 25 & 27 of Arms Act. 2. The case of the prosecution, is that on the case of the prosecution is that the simple scuffle took place between two parties in Village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.17 17:53:33 +0530 2 - Mandhar School Maidan on account of Madai (Mela) on 24/01/2026, in which some persons sustained injuries i.e. Neelmani Adil, Nilesh Adil & Ankit Thawit. On the report lodged by complainant Govind Adil, F.I.R. No. 29/2026 has been registered at Police Raipur (C.G.). It alleged by the Vidhansabha, District Station complainant that on the date of incident i.e. on 24/01/2026 at about 8:30 PM, when the complainant along with other friends are reached Village Mandhar School Maidan on account of Madai (Mela) and taklking to each- other, then the present accused/applicant along with other co-accused persons have come near the spot used the filthy language and assaulted by the way of hand & fist hard ring and some hard object weapons to the above injured person regarding old enmity, on which the injuries sustained to Neelmani Adil, Nilesh Adil & Ankit Thawit. In result this assault, the injured persons have sustained injury on their body. After the incident, the complainant lodged the report in the Police Station - Vidhansabha, District Raipur (C.G.) on 24/01/2026 against the present accused/applicant long with other co-accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that there is some old dispute and enmity between the accused person and complainant on account of character of the wife of the applicant between them. It reveals that the present accused/applicant has not committed any offence and falsely implicated in the present case and there is no any allegation against the present applicant that he assaulted the 3 injured persons which is alleged by the complainant. It is pertinent to mention here that on the date of incident, the present accused/applicant is not present on the spot because at the same time he was other in the Madai (Mela) on 24/01/2026. It appears that the present accused/applicant has not committed and participated in the above said episode of offence. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 27.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no previous criminal antecedents registered against the present applicant. She also submits that there are total three injured persons, and as per the MLC report of the injured two injured received simple injuries and one injured sustained grievous injury, therefore, applicant is not entitled to release on bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties, applicant has no criminal antecedent, nature of injury sustained by the injured also considering the fact that charge-sheet has been filed in the present case, the applicant is in jail since 27.01.2026, and conclusion of the trial is likely to take some time, further considering the detention period of the applicant, I am inclined to 4 allow this application. 7. Let applicant, Sharad Kumar Nirmalkar, involved in Crime No.29/2026, registered at Police Station – Vidhansabha, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 3(5) of BNS, 2023 and 25 & 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 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) 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali