1 2026:CGHC:25435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5449 of 2026 Om Singh Nishad (Complete Name Is Not Mentioned In The Impugned Order) S/o Shital Ram Aged About 20 Years R/o Ward No. 11, Jawaharpara P.S. Balod, District Balod (C.G.) ...Applicant versus State Of Chhattisgarh Through, Police Station Balod, District Balod, (C.G.) ... Respondent For Applicant : Shri Sudhanshu Kumar Singh, Advocate. For Respondent/State : Shri Shubham Bajpai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/06/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.23 11:10:54 +0530 2 No.128/2026 registered at Police Station Rajhara, District Balod, Chhattisgarh for the offence punishable under Sections 296, 351(3), 109 and 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 14/03/2026 at the home of Dhanraj Nishad there was a marriage program and DJ was played because of which some dispute arose to sort out that Dhanraj has called them on 20/03/2026 in the morning to his home where they were supposed to sort out the matter but the things got worse and suddenly the argument started and all the three accused started to abuse and threaten him then Mayank took out the Knife which he was having at the moment and strike toward his head and neck because of which he fell down due to excessive blood loss. After that the victim Complainant lodged report against the accused person and the FIR was registered and the matter was taken fo the investigation and the accused person were arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused Sidharth Mongraj has been granted bail by this Court in MCRC No.5393/2026 on 19/06/2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 21/03/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application but do not dispute the fact that co-accused person has been granted bail by this Court. He would submit that the applicant has no criminal antecedents. 3 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, further the fact that co-accused Sidharth Mongraj has been granted bail by this Court in MCRC No.5393/2026 on 19/06/2026, period of detention of the applicant since 21/03/2026, charge sheet has been filed, applicant has no criminal antecedents, case of the applicant is distinguishable from that of the co-accused Mayank Sahu and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Om Singh Nishad, involved in Crime No.128/2026 registered at Police Station Rajhara, District Balod, Chhattisgarh 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri