1 2026:CGHC:24114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4797 of 2026 • Khileshwar Yadav @ Nanu S/o Late Shri Milau Yadav Aged About 20 Years R/o Aazad Chowk, Back Of Shiv Temple, Mandhar, P.S. Vidhansabha, Distt. Raipur Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station Vidhansabha, Distt. Raipur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Leekesh Kumar, 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 20.01.2026 at approximately 08:30 PM, the complainant Govind Aadil, along with his friends Nilmani Aadil, Nilesh Aadil, Harsh Aadil, Prashant Baghel, Rajiv VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.17 17:53:34 +0530 2 Aadil, and others, were present at the Mandhar School ground where a 'Madai Mela' was taking place and were conversing amongst themselves. At that time, the accused persons namely Sharad, Gajju, Nihal, and Rahul arrived at the scene. Harboring an old dispute, all the accused persons formed a common intention, started hurling filthy and obscene abuses at the complainant party, and threatened to kill them. Subsequently, the accused persons assaulted the victims' using hands, fists, an iron bangle (chuda) worn on the hand, and another object. As a result of this assault, Nilmani Aadil sustained injuries on his waist, Nilesh Aadil on his head, Harsh Aadil and Prashant Aadil on their backs, and Rajiv Aadil on his head. Furthermore, victim Ankit sustained an injury to his stomach. On the basis of the said allegations, offence has been registered against the applicant. Hence, the FIR. 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 general, omnibus allegations of assault have been levelled against a group of individuals. The FIR explicitly names “Sharad, Gajju, Nihal and Rahul” as the primary aggressors who arrived at the scene. He also submits that there is no specific, over act attributed exclusively to the present applicant, Khileshwar Yadav, demonstrating that he was the author of the specific injury sustained by Ankit Kumar. He also submits that there is no material on record to suggest that he is a habitual offender. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 28.01.2026 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 3 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 28.01.2026, and conclusion of the trial is likely to take some time, further considering the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Khileshwar Yadav @ Nanu, 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali