1 2026:CGHC:25174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5342 of 2026 Yashwant Sahu @ Sonu Sahu Son Of Narayan Sahu Aged About 21 Years Resident Of Village Sohagpur, Chowki Beladula, Tahsil Bhatgaon, District- Sarangarh- Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The Station House Officer, Police Of Out Post Beladula, Police Station Sarsiwan, District- Sarangarh- Bilaigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikram Pratap, Advocate. For Respondent(s) : Ms. Ritika Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2026 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. 58/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Out Post Beladula, Police Station Sarsiwan, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 109, 296 of BNS. 2. Case of the prosecution, in brief, is that on 22.02.2026 at about 8:30 P.M., the applicant allegedly came in front of the complainant's house, abused the complainant in filthy language and assaulted the complainant's husband, namely Kanshi Ram Bhardwaj, with a knife. As a result of the said assault, Kanshi Ram Bhardwaj sustained injuries on his head and back. On the basis of the report lodged by the complainant, the present crime was registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has not acted in the manner alleged by the prosecution, hence, the applicant has been falsely implicated in the present case and has committed no offence whatsoever. He further submits that even if the prosecution case is accepted at its face value, the injuries sustained by the injured have been opined by the Medical Officer to be simple in nature. The applicant is in jail since 23.02.2026, the applicant has two criminal antecedents, out of which, in case of 2023 under the IPC, the applicant has already been acquitted of the charges and case of 2025 under the BNS is pending, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly assaulted, Kanshi Ram Bhardwaj with a knife, causing injuries to his head (occipital region) and back, further seizure of knife has been made from present applicant, so far as criminal antecedents of the applicant are concerned, he has two criminal antecedents of the year 2025 and 2023 under the IPC/BNS, therefore, the applicant is not entitled for grant of 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 offence, period of detention of the applicant since 23.02.2026, the fact that though the applicant allegedly assaulted, Kanshi Ram Bhardwaj with a knife, causing injuries to his head (occipital region) and back, but considering the fact that the injuries sustained by the injured are simple in nature, also considering the criminal antecedents of the applicant, which are two in number of the year 2025 and 2023 under the IPC/BNS, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Yashwant Sahu @ Sonu Sahu, involved in 4 Crime No. 58/2026 registered at Police Station Out Post Beladula, Police Station Sarsiwan, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 109, 296 of 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 5 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 Akhil