1 2026:CGHC:25209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5393 of 2026 Sidharth Mongraj S/o- Late Ravi Mongraj Aged About 18 Years, R/o- Ward No. 11, Balod, Tahsil And District- Balod, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- Police Station- Balod, District – Balod, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2026 1. 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. 128/2026, registered at Police Station – Balod, District – Balod (C.G.) for the offence punishable under Sections 296, 351(3), 109 and 3(5) of the BNS. 2. The case of the prosecution, is that on 20-03-2026, at 06.30 at courtyard of Dhanraj Nishad's house Village Matiya (B), named that Mayank Sahu, Om Singh Nishad, Siddharth Mograj resident Khalhepara Balod. Hiteshwar Yadav, father Abhay Ram Yadav, age 26 years, who was driver had some hot talk on 14-03-2026 on an event of marriage in his family with the injured on playing D.J. in a wedding ceremony. The Injured had a fight with the guests who had come while dancing. On the same that issue, on 20.03.2026 at 06.10 am, Mayank RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Sahu, called the victim on his mobile and said that we will settle the dispute that happened while dancing in the DJ, you should come to Dhanraj's house, on saying this I alone reached Dhanraj Nishad's house. After talking with Mayank Sahu, Om Singh Nishad, Siddharth Mongraj, they started asking me to write a settlement letter, then on saying by the victim that you people had done the fight - then Mayank told his friends Om Singh Nishad and Siddharth Mongraj to catch him and say that he will finish him off right here today and took out a knife on neck and head, causing severe injuries cause bleeding and threatened to kill me, and thereby the crime has been committed by them, thus the police has registered an F.I.R. as Crime no 128/2026 at Police station Balod. U/s 296, 351 (3), 109, 3 (5) of B.N.S. 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 submitted that admittedly as per the prosecution case, it is the co-accused Mayank Sahu who is said to have assaulted the injured with knife on his neck and head, so far as the applicant is concerned, he has caught hold the injured. The applicant is in jail since 20.03.2026 and trial is likely to take quite long 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 applicant along with the co-accused persons is said to have assaulted the injured with knife on his neck and head, due to which he has sustained some injuries on his person, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that admittedly as per the prosecution case, it is the co-accused Mayank Sahu who is said to have assaulted the injured with knife on his neck and head, so far as the applicant is concerned, he has caught hold the injured, therefore the case of the applicant is distinguishable from that of the co-accused who has assaulted the injured with knife, the applicant is in jail since 20.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sidharth Mongraj, involved in Crime No. 128/2026, registered at Police Station – Balod, District – Balod (C.G.) for the offence punishable under Sections 296, 351(3), 109 and 3(5) 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 4 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 Rajshekhar