1 2026:CGHC:963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 18 of 2026 Saif Khan @ Saifu S/o Salim Khan Aged About 25 Years R/o Gandhi Chowk, Fazalbada, Juna Bilaspur P.S. City Kotwali, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station City Kotwali, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Patel, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 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 No. 404/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 296, 115(2), 351(2), 118(1), 109(1), 3(5) of BNS and Sections 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 11.08.2025, the complainant and his father were returning from Mangla on a motorcycle. Near Juna Bilaspur, they were confronted by the accused persons, who were riding motorcycle No. CG-10/BX/8253 in a rash and negligent manner. An altercation took place, during which one of the accused/applicants allegedly assaulted and stabbed the complainant’s father with a sharp weapon, causing injuries. On the basis of the FIR, the police commenced investigation, arrested the main accused along with two co-accused persons, and thereafter filed the charge-sheet before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that co-accused, namely, Aman Bhaure, who assaulted the injured by hands and fists has already been granted bail by this Court vide order dated 11.12.2025 in MCRC No.10226 of 2025, so far as present applicant is concerned, though present applicant has assaulted the injured with knife and caused injuries to the injured, but the injuries sustained by the injured are simple in nature. He also submits that no seizure has been made from the applicant, the seizure of knife has been made from co-accused, Arman Khan. 3 The applicant is in jail since 12.08.2025, the applicant has five criminal antecedents, out of which, in one case, present applicant is not the accused and rest of the four cases are pending against the applicant, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with other co-accused persons are said to have assaulted the injured with knife on account of which, the injured sustained stab injuries, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 12.08.2025, the fact that though the applicant along with other co-accused persons are said to have assaulted the injured with knife on account of which, the injured sustained stab injuries, but considering the fact that the injuries sustained by the injured are found to be simple in nature and co-accused, namely, Aman Bhaure, has already been granted bail by this Court vide order dated 11.12.2025 in MCRC No.10226 of 2025, also considering the criminal antecedents of the applicant and the fact that charge- 4 sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Saif Khan @ Saifu, involved in Crime No. 404/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 109(1), 3(5) of BNS and Sections 25, 27 of the Arms Act, 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 5 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. 9. 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 Akhil