1 2026:CGHC:24348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5165 of 2026 1 - Priyanshu Bole S/o Arun Kumar Bole, Aged About 25 Years R/o Near Gurudawara, Dayalband, Police Station City Kotwali, Bilaspur, District- Bilaspur (C.G.) 2 - Om Bole S/o Arun Kumar Bole, Aged About 23 Years R/o Near Gurudawara, Dayalband, Police Station City Kotwali, Bilaspur, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Torwa, Bilaspur, District – Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Malay Shrivastava, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 181/2026, registered at Police Station Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(2) and 109(1) of the BNS. 2. The case of the prosecution, is that on 02.024,.2026 a quarrel took place between the applicants and other co-accused persons with the victim Suraj Sahu in which the victim Suraj Sahu has received injuries at stomach, head, back and other part of the body, and on the report of the complainant Sunny Shrivas, FIR was lodged against the applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 No.1 and other persons. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that a total of 3 accused persons are involved in the present case including the applicants, and the applicants happens to be the real brothers and as per the report, though the applicant No.1 is named in the FIR, but applicant No.2 is not named in the FIR, and as per the statement of the injured recorded under Section 183 of the BNSS, it is the applicant No.1 who is said to have assaulted the injured, whereas there is no role of assault attributed to the respondent No.2. The applicants are in jail since 05.04.2026 and trial is likely to take some 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 the applicants along with the co-accused are said to have assaulted the injured, and so far as the applicant No.1 is concerned, he has assaulted the injured with a sharp edged weapon on his stomach, head, back and other part of the body, due to which the injured has sustained 5 incise wound on his person, and as per the query report the injuries sustained to the injured are grievous in nature, but it is the applicant No.1 who has assaulted the injured with a sharp edged weapon on his abdomen, and further the fact that there are 1 criminal antecedents of the applicant No.1 and there are 3 criminal antecedents of the applicant No.2, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, and from the perusal of the case diary, it is prima facie evident that the applicants along with the co-accused are said to have assaulted the injured, and so far as the applicant No.1 is concerned, he has assaulted the injured with a sharp edged weapon on his stomach, head, back and other part of the body, due to which the injured has sustained 5 incise wound on his person, and as per the query report the injuries sustained to the injured are grievous in nature, but it is the applicant No.1 who has assaulted the injured with a sharp edged weapon on his abdomen, thus, this Court is of the opinion that is not a fit case to grant regular bail to the applicant No. 1. 7. Accordingly, this bail application of applicant No.1 – Priyanshu Bole involved in Crime No. 181/2026, registered at Police Station Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(2) and 109(1) of the BNS, is rejected at this stage. 8. So far as the allegation levelled against the applicant No.2 is concerned, the charge-sheet has been filed before the trial Court, and it is evident that though there are 3 criminal antecedents of the applicant No.2, and the applicants are said to have assaulted the injured with a sharp edged weapon on his abdomen, but so far as the applicant No.2 is concerned, neither he is named in the FIR nor the act of assault was attributed to him, and he is in jail since 05.04.2026, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant No.2 is entitled to be released on bail in 4 this case. 9. Let applicant No.2 - Om Bole, involved in Crime No. 181/2026, registered at Police Station Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(2) and 109(1) of the BNS, 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) 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 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. 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 Rajshekhar