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2026 DAILYLAW 2228 (CHH)

MITHLESH SONVANI v. STATE OF CHHATTISGARH

MCRC/477/2026 · 2026-02-19

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Judgment text

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1 2026:CGHC:9058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 477 of 2026 • Mithlesh Sonvani S/o Rohit Sonvani Aged About 27 Years Jogi Nagar, Near Shiv Temple, P.S.- Tikrapara Distt. Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through- Police Station Tikra Para, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : None For Respondent/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.02.2026 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 366/2025, registered at Police Station – Tikrapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.20 18:48:05 +0530 2 3. The case of the prosecution, is that According to the case, the first informant, Anuj Yadav, reported at Tikrapara Police Station, Raipur, that on May 20, 2025, at approximately 7:30 AM, he was standing near Mukesh kIrana's store in Jogi Nagar when Mithlesh Sonwani approached him and, saying, "You were with Rahul Sonwani last night," hurled abusive language, including insults directed at his mother and sister, and threatened to kill him. He also assaulted him with his hands and fists and a stick lying nearby. Based on the informant's report, a case was registered against the accused at Tikrapara Police Station under crime number 366/2025, sections 296, 351(2), 115(2), and 118(2) OF B.N.S. The offense has been registered under the B.N.S. The applicant/accused allegedly used obscene language and assaulted the complainant with fists and bricks, striking him in vital areas. Thereafter, FIR has been registered against the applicant. Hence, this bail application. 4. Learned State counsel submits that on the date of incident there was a quarrel took place between the applicant and the injured, applicant assaulted the injured with hands, fists and stick, as a result injured sustained injuries. She further submits that as per the medical report injuries sustained by the injured are serious in nature. It is also contended that there are two criminal antecedents registered against the present applicant, both are mentioned in the bail application and the charge-sheet has been filed in this case and applicant is in jail since 03.11.2025. 5. I have heard learned counsel for the State and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, the applicant is in jail since 03.11.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicant I am inclined to allow this application. 7. Let applicant, Mithlesh Sonwani, involved in Crime No.366/2025, registered at Police Station – Tikrapara, District – Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 Vaishali