1 2026:CGHC:25189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5383 of 2026 Sumit Singh @ Vikky S/o Milan Singh Aged About 26 Years R/o Gram Devridih, P.S. Torva, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police Station Torva, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Karan Kumar Bahrani, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2026 registered at Police Station – Torva, District - Bilaspur (C.G.) offence under Sections 296, 115(2), 351(2), 119(1), 119(2), 3(5) and 109(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 05.03.2026 at about 09:30 PM, the complainant was returning home on a motorcycle along with his nephews. When they reached near Dhan Mandi, Narwa Mohalla, the applicant and the co-accused, namely Anna Dhruv, allegedly intercepted ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.19 18:39:39 +0530 2 them and demanded money for the consumption of liquor. Upon their refusal, it is alleged that a verbal altercation ensued, following which the applicant assaulted the complainant, while the co-accused assaulted the complainant’s nephew with a wooden stick (Munga stick). It is further alleged that, during the incident, the complainant’s silver chain was lost. On the basis of the report lodged by the complainant, the present crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that as per the prosecution story itself, the specific allegation of assault with a wooden stick has been attributed to the co-accused, whereas no such specific overt act causing grievous injury has been attributed to the present applicant. He also submits that the alleged incident arose out of a sudden quarrel and verbal altercation, and there was no premeditated intention on the part of the applicant to commit the alleged offence. He submits that the applicant is in jail since 06.03.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in this case. He submits that the co-accused, namely Anna Dhruv, assaulted the injured with a wooden stick, causing grievous injuries. So far as the present applicant is concerned, the allegation against him is that he allegedly assaulted the injured with hands and fists. Therefore, the present applicant is not entitled to the grant of regular bail in this case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the main allegation is against the co-accused, namely Anna Dhruv, who assaulted the injured with a wooden stick, resulting various injuries. So far as the present applicant is concerned, his case is distinguishable from that of the co- accused Anna Dhruv, as the only allegation against him is that he assaulted the injured with hands and fists, causing simple injuries. Furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 06.03.2026, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sumit Singh @ Vikky, involved in Crime No. 129/2026 registered at Police Station – Torva, District - Bilaspur (C.G.) offence under Sections 296, 115(2), 351(2), 119(1), 119(2), 3(5) and 109(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his 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 4 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 Abhishek