1 2026:CGHC:24428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5135 of 2026 1 - Arvind Yadav S/o Lobhau Yadav Aged About 20 Years R/o Village - Borsi, P.S. Pamgarh, District- Janjgir-Champa (C.G.) 2 - Somvir Yadav S/o Ashok Yadav Aged About 20 Years R/o Village - Borsi, P.S. Pamgarh, District- Janjgir-Champa (C.G.) ... Applicants versus State Of Chhattisgarh Through- S.H.O. Saragaon, District- Janjgir-Champa (C.G. ... Non-applicant For Applicants : Mr. Saurabh Gupta, Advocate. For Non-Applicant : Ms. Smita Shrivastava, 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 applicants who have been arrested in connection with Crime No. 21/2026 registered at Police Station - Saragaon, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 109(1), 191(2), 191(3), 296, 351(3) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.18 12:00:23 +0530 2 2. According to the prosecution, on 10.02.2026 at village Afreed in a same family 2 marriage is being solemnized I.e. of Bharat Yadav and his Sister-in-law, and the complainant nephew/injured Gaurav Bareth along with his friends came to Village Afreed to attend his friends Bharat Yadav Marriage/Barat, as two Barat arrived at the same time dispute arise when out of two DJ, one DJ stopped playing music and all the two sets of Baratis started dancing in one and same DJ. then near about 6-7 PM Applicants/Accused along with his 5-6 persons assaulted Gaurav Bareth and Sagar Bareth when they were having evening snacks by hand and fists, Sharpe object, belt due to which Gaurav Bareth suffered grievous injury and hospitalized whereas Sagar Bareth sustained simple injury thereafter leading to registration of FIR on next day i.e. 11.02.2026 against 7 persons including applicants and after investigation Charge sheet has been filed. 3. It has been argued by learned counsel for the applicants that the applicants have been falsely implicated in this case. He further submits, the allegations levelled against them are false, baseless, and malicious. No incriminating article or weapon has been seized from the possession of the applicants. As per the prosecution case itself, the main accused is Narendra Yadav, from whose possession a knife was allegedly recovered, whereas only a rexine belt, which is an ordinary and commonly used article, is alleged to have been seized from the applicants. The applicants are young boys aged about 20 years and have been in judicial custody since 15/17.02.2026. The investigation is complete and the charge-sheet has already been filed before the competent Court. Therefore, no further custodial interrogation is required, and considering the number of witnesses and 3 the nature of the proceedings, the trial is likely to take considerable time for its conclusion. The applicants cannot be kept behind bars for an indefinite period pending trial. Further, the medical evidence does not support the stringent allegations levelled by the prosecution. As per the medical report of injured Gaurav Bareth, no significant abnormality was found, and the doctor's opinion merely indicates that delay in treatment could have posed a risk. Similarly, the MLC of injured Sagar Bareth records that the injuries sustained by him are simple in nature. Thus, prima facie, the essential ingredients of Section 109(1) of the BNS are not attracted, and the incident appears to have arisen out of a sudden quarrel during dancing in a marriage procession (Barat/DJ), which has been unnecessarily given the colour of a serious criminal offence. The applicants are permanent residents of Village Borsi, Police Station Pamgarh, District Janjgir-Champa (C.G.), possess movable and immovable properties, and there is no likelihood of their absconding or tampering with the prosecution evidence. They are ready and willing to furnish adequate sureties and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. 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, the nature and gravity of the allegations levelled against the applicants, 4 the fact that they have no criminal antecedents, the injuries sustained by the injured having been found to be simple in nature, and further considering that the charge-sheet has already been filed before the competent Court, that the applicants have been in judicial custody since 17.02.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the present applicants are entitled to be enlarged on regular bail. This Court also finds that the case of the present applicants stands on a different footing and is distinguishable from that of co-accused Narendra Yadav, against whom specific and more serious allegations have been levelled. Accordingly, without expressing any opinion on the merits of the case, this Court is inclined to grant regular bail to the present applicants. 7. Let the Applicants - Arvind Yadav and Somvir Yadav, involved in Crime No. 21/2026 registered at Police Station - Saragaon, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 109(1), 191(2), 191(3), 296, 351(3) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 5 proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav