Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2570
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10170 of 2025 Prashant Singh @ Shiva S/o Rajendra Dahariya Aged About 19 Years R/o Village- Bamhnin, P.S.- Akaltara, Distt.- Janjgir-Champa (C.G.)
... Applicant versus State Of Chhattisgarh Through - Police Station- Akaltara, Distt.- Janjgir- Champa (C.G.)
... Respondent For Applicant : Shri Badruddin Khan, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. For complainant : None.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15/01/2026
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.569/2025 registered at Police Station Akaltara, Distt.- Janjgir- Champa (C.G.) for the offence punishable under Sections 118(2), 296, 351(2), 115(2), 3(5) of BNS Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.18 12:07:31 +0530
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2. Case of the prosecution, in brief, is that the FIR has been registered against the accused persons u/s 118(2), 296, 351(2), 115(2), 3(5) of BNS Act on the complaint of Parmanand Miri. The complainant Parmanand Miri stated in the FIR that he had given Rs.20,000 to one Somu Bharti and on 02/11/2025 the complainant demanded money, then Somu Bharti assaulted with stick as well as the present applicant used filthy words.
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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there are cross reports of the incident and both sides have received injuries and compromise has taken place between the parties. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 12/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court but she do not dispute the fact that compromise has taken place between the parties. 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, considering the fact that there are cross reports of the incident, both sides have received injuries, further considering the fact that compromise has taken place between the parties, period of detention of the applicant since 12/11/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its
3 conclusion, 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- Prashant Singh @ Shiva, involved in Crime No.569/2025 registered at Police Station Akaltara, Distt.- Janjgir-Champa (C.G.) for the offence punishable under Sections 118(2), 296, 351(2), 115(2), 3(5) of BNS 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
4 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