1 2026:CGHC:25497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5173 of 2026 Sunil Das Manikpuri S/o Umend Das Aged About 20 Years R/o Near Shiv Mandir, Ompuri Colony, Chowki - Rajgamar, Korba, Tehsil And District Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through Outpost - Rajgamar, Station House Ofifcer, Police Station Balco, District Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Vaibhav P. Shukla, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.06.2026 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. 87/2026 registered at Police Station : Balco, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Parmeshwar Yadav, made a written complaint before Police Chowki Rajgamar, Police Station Balco, District Korba, on 14.02.2026, stating therein that on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.23 10:37:29 +0530 2 14.02.2026 at about 4:30 p.m., when he returned home from his catering work, his elder sister informed him that the police had taken his younger brother, Bhurru @ Lakeshwar Yadav, to District Hospital, Korba, in a police vehicle due to injuries sustained on his head. Thereafter, the complainant went to District Hospital, Korba, and found his brother admitted there. The complainant’s brother was in an unconscious state and, when he regained consciousness at about 7:30 p.m., the complainant enquired about the incident. Upon such enquiry, Lakeshwar allegedly stated that the applicant, Sunil Das, who resides near Shiv Mandir, had used his toilet but had not cleaned it. Upon being told so, Sunil Das became angry, took Lakeshwar near the boundary wall, abused him in filthy language and assaulted him with a sabbal on his back, waist and head with the intention to kill him. Consequently, excessive bleeding occurred due to the grievous injuries sustained on his head, and Lakeshwar fell unconscious near the boundary wall. The complainant further stated in the written complaint that blood stains could be seen on his brother’s body and that his condition was serious. On the basis of the complaint, a Zero FIR was registered at Police Chowki Rajgamar and was subsequently converted into a regular FIR on 15.02.2026 by Police Station Balco, District Korba, bearing Crime No. 87/2026 for the offences punishable under Sections 296, 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023 against the applicant. T 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that from a perusal of the medical report of Lakeshwar @ Bhurru, it appears that the nature of the injuries could not be determined for the reason that the patient was advised to undergo certain tests, however, before the same could be conducted, the patient went LAMA (Leave Against 3 Medical Advice). Therefore, the nature of the injuries could not be mentioned in the medical report. Though an opinion has been given that the injuries could have been caused by a hard and blunt object, it has not been mentioned whether the injuries were grievous or simple in nature. The documents relating to the medical report and LAMA are already part of the charge-sheet. He also submits that the present applicant is a 20- year-old boy, and if he is not granted bail and is kept in judicial custody for a prolonged period, the same would adversely affect his future. He further submits that the present applicant is mentally unstable and occasionally behaves abnormally. He has been undergoing treatment at the State Mental Health Hospital, Village Sendri, District Bilaspur (C.G.). Since the year 2020, he has been regularly prescribed medicines and has been advised to undergo periodic check-ups. He submits that the present applicant has no criminal antecedents and he is in jail since 15.02.2026 and that the conclusion of the trial may take some time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court in the present case. He submits that the allegation against the applicant is that he assaulted the complainant with a sabbal on his back, waist, and head with the intention of causing his death. As a result, the complainant sustained grievous injuries on his head, leading to excessive bleeding. Therefore, it is submitted that the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the allegation that the applicant assaulted the 4 complainant with a sabbal on his back, waist, and head with the intention of causing his death, as a result of which the complainant sustained grievous injuries on his head leading to excessive bleeding, this Court is also mindful of the fact that the applicant is stated to be mentally unstable and occasionally behaves abnormally. The material available on record indicates that he has been undergoing treatment at the State Mental Health Hospital, Village Sendri, District Bilaspur (C.G.), since the year 2020 and has been regularly prescribed medicines with advice for periodic medical check-ups. Further considering that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that he has been in custody since 15.02.2026, while the conclusion of the trial is likely to take considerable time, therefore, without commenting on the merits of the case, the applicant is entitled to be released on bail in the present case. 7. Let applicant, Sunil Das Manikpuri, involved in Crime No. 87/2026 registered at Police Station : Balco, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 109 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 5 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 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek