1 2026:CGHC:24446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5226 of 2026 Vicky Kansari S/o Late Tulsi Kansari Aged About 29 Years R/o 125 Kaser Para, Ward No. 4, Nawapara Rajim, District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Gobra Nawapara District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Komal Yadav, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 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. 92/2026 registered at Police Station Gobra, Nawapara, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2) 351(2), 118(1), 109(1), 3(5) of B.N.S. 2. As per the prosecution story, on 27.03.2026 at about 8:30 PM, after the Jwara Visarjan ceremony, the younger brother of the complainant, namely Govardhan Kansari, was returning home along KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 with his friend Lokesh Kansari. When they reached in front of Dileep Shah Hospital near Sadar Road, Nawapara, the co-accused and the present applicant allegedly intercepted them and started abusing Govardhan Kansari, stating that, being the President of Hasdev Lal Mandir, he had not allowed them to carry the Jyoti Khappar. When Govardhan Kansari objected to and refused such abuse, the co-accused and the present applicant allegedly threatened to kill him, slapped him and assaulted him with a sharp- edged weapon resembling a cutter, as well as with hands and fists. When Lokesh Kansari tried to intervene, he was also allegedly assaulted by them. Thereafter, both Govardhan Kansari and Lokesh Kansari managed to escape from the spot and proceeded to the hospital for medical treatment. Subsequently, they informed the complainant about the incident, and on 01.04.2026, the complainant lodged an FIR before the concerned Police Station. On the basis of the said report, Crime No. 92/2026 was registered for offences punishable under Sections 296, 115(2), 351(2), 118(1), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against the present applicant and the co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that, as per the prosecution case, the applicant is alleged to have assaulted the injured persons only with hands and fists, whereas the co-accused, namely Vinay Kansari, allegedly assaulted the injured persons with a thermocol cutter, as a result of which they sustained injuries. It is submitted that the injured Lokesh 3 Kansari sustained simple injuries, whereas injured Govardhan Kansari sustained grievous injuries. Therefore, the case of the present applicant is distinguishable from that of the co-accused Vinay Kansari, who is alleged to have caused the injuries by using the thermocol cutter. He further submits that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is specifically named in the FIR and has actively participated in the commission of the offence along with the co-accused. It is further submitted that grievous injuries have been caused to the injured persons and considering the nature and gravity of the allegations, the applicant is not entitled to be released on bail. 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 and gravity of the allegations levelled against the applicant, the fact that the allegation against the present applicant is confined to assaulting the injured persons with hands and fists, whereas the specific allegation of causing injuries by means of a thermocol cutter is attributed to the co-accused Vinay Kansari, thereby making the case of the present applicant distinguishable from that of the said co-accused, the period of detention of the applicant since 4 06.10.2025, the filing of the charge-sheet, the absence of any criminal antecedents on the part of the applicant and considering that the trial is likely to take some time for its conclusion, this Court is inclined to allow the application for grant of bail. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Vicky Kansari, involved in Crime No. 92/2026 registered at Police Station Gobra, Nawapara, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2) 351(2), 118(1), 109(1), 3(5) of B.N.S, 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. 5 (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. 9. 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 Kunal