1 2026:CGHC:1042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9531 of 2025 Sameer Sao S/o Moolchand Sao Aged About 19 Years R/o Teen Darshan Mandir Behind Rajeev Grocery Store Shastri Nagar Camp-01 Bhilai Police Station Chawni, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through S H O, Police Station Chawni, District Durg C.G. (Police Station Name Spelling Is Not Properly Mentioned In The Impugned Order) ... Non-applicant For Applicant : Mr. Amit Nayak, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 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. 377/2025, registered at Police Station – Chawni District - Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3),115(2), 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.08 12:08:00 +0530 2 2. The prosecution story in brief, is that the complainant Dishan Kurre lodged a report that on 17.07.2025 he was going to celebrate his birthday near Bombay dhaba Supela at the same time the present applicant was standing near the road and he had blocked the entire road and when the complainant asked him to clear the road the applicant abusing and a quarrel took place between him and applicant in respect of dispute over the road and it is alleged that the applicant and the other co-accused persons assaulted him with help of iron rod, metal key, hand and feast and due to the above assault he received injuries over his head and over his other part of body and thus the concerned police station lodged the above report and arrested the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. The applicant is innocent and has been falsely implicated in the present case, as he did not actively participate in the alleged incident. It is submitted that the applicant has no enmity with the complainant; rather, it was the complainant who initiated the quarrel and subsequently lodged a false report, falsely alleging the use of an iron weapon. A fabricated recovery of a weapon has also been shown against the applicant. Further, there is no medical opinion on record regarding the nature of the injuries, and since the complainant was never hospitalized, it cannot be said that he sustained grievous injuries. The charge-sheet has already been filed and the trial is likely to take considerable time for its final disposal. The applicant has been in judicial custody since 17.07.2025, therefore, he prays for grant of 3 regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case and that the applicant assaulted the injured with an iron rod, due to which the injured sustained grievous injuries; therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the co-accused, namely Vedant Yadav, has already been granted bail by this Court vide order dated 19.11.2025 passed in MCRC No. 8621 of 2025, and further taking into account that the charge-sheet has already been submitted before the competent Court, that the applicant has no criminal antecedents, and that he has been in judicial custody since 17.07.2025, and as the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Sameer Sao, involved in Crime No.377/2025, registered at Police Station – Chawni District - Durg (C.G.) for the offence punishable under Sections 109, 296, 351(3),115(2), 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local 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 4 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 her, 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 her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav