1 2026:CGHC:26327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5581 of 2026 Ali Hasan S/o Shri Kasim Ali Aged About 29 Years R/o Village Sonpur, Police Chowki Basdeyee, Police Station and District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Chouki Incharge Basdayee Police Station Surajpur, District- Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 1. This is the second 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. 125/2025 registered at Police Station - Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 296(b), 351(3), 115(2) and 109 of Bharatiya Nyaya Sanhita, 2023. 2. According to the prosecution story, it is alleged that the complainant, Momina Begam, lodged a report at Police Chowki Basdeyee on 09.03.2025, alleging that the accused abused Ameena Begam (the complainant's sister-in-law), who was sitting in front of the house, by using filthy language and assaulted her with a stick. It is further alleged PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.30 15:04:15 +0530 2 that the accused also attempted to assault the persons who came to intervene in the matter with the same stick. As a result of the assault, the victim sustained injuries to her nose and eye. Initially, Police Chowki Basdeyee registered the report as a Zero FIR, and thereafter, on its basis, Crime No. 125/2025 was registered for the offences punishable under Sections 115(2), 296(b), 351(3) and 109 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the first bail application filed by the applicant was dismissed on merits by this Court vide order dated 08.08.2025. It is submitted that the present second bail application has been filed on the ground of a subsequent change in circumstances. Learned counsel submits that, as per the information received from the Jail Medical Officer, during an HIV screening camp organized in the jail, the HIV test report of the applicant, Ali Hasan, was found to be positive. Thereafter, pursuant to the positive test result, further medical investigations were conducted, and the applicant was referred to the ART Centre, Ambikapur, where he was started on antiretroviral therapy (ART). It is further submitted that the applicant is regularly taking the prescribed medication. Learned counsel further submits that the applicant is an HIV-positive patient, as is evident from the report of the District Jail, Surajpur, District - Surajpur (C.G.), a copy of which has been annexed at page No. 26 of the present bail application. It is further submitted that the applicant has only one previous criminal antecedent and has been in judicial custody since 18.04.2025. It is also submitted that, out of the 15 prosecution witnesses, 7 witnesses, including the injured witness, have already been examined. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 3 She submits that the first bail application of the applicant was rejected on the ground that the injuries sustained by the victim were grievous in nature and indicated a brutal assault, causing significant damage to the victim's facial structure and vision. She further submits that the applicant has one previous criminal antecedent. Therefore, considering the gravity of the offence and the applicant's criminal antecedent, he is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From a perusal of the record, it transpires that this is the second bail application filed by the applicant. The first bail application was dismissed on merits by this Court vide order dated 08.08.2025 passed in MCRC No. 5975 of 2025, primarily on the ground that the injuries sustained by the victim were grievous in nature and indicated a brutal assault, causing significant damage to the victim's facial structure and vision. However, the present application has been filed on the basis of a subsequent change in circumstances. It is not disputed that the applicant has been in judicial custody since 18.04.2025. It has also been brought on record that the applicant is an HIV-positive patient, as is evident from the report of the District Jail, Surajpur, District Surajpur (C.G.), and is presently undergoing antiretroviral therapy (ART). Further, out of the 15 prosecution witnesses, 7 witnesses, including the injured witness, have already been examined. Considering the aforesaid facts and circumstances of the case, particularly the applicant's prolonged period of incarceration, his medical condition, and the progress of the trial, without expressing any opinion on the merits of the case, this Court is of the considered opinion that the applicant has made out a case for grant of regular bail. Accordingly, the applicant is entitled to be released on bail. 4 7. Accordingly, the second bail application is allowed. 8. Let the Applicant- Ali Hasan, involved in Crime No. 125/2025 registered at Police Station - Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 296(b), 351(3), 115(2) and 109 of Bharatiya Nyaya Sanhita, 2023, 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 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. 5 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 Preeti