1 2026:CGHC:26904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5779 of 2026 Aasif Khan S/o Babukhan Aged About 32 Years R/o Pathanpara, Chhuikhadan, Police Station And Tahsil - Chhuikhadan, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through Sho, Police Station - Chhuikhadan, District - Khiragarh-Chhuikhadan-Gandai Chhattisgarh (Wrongly Mentioned As District Magistrate Kgc) ... Respondent(s) For Applicant(s) : Mr. Rishikant Mahobia, Advocate. For Respondent(s) : Ms. Ankita Shukla, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2026 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. 440/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Chhuikhadan, District - Khiragarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119(1), 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on the night of 13.12.2025, the applicant, along with the co-accused, allegedly came to the complainant's house in an intoxicated condition and demanded money for liquor. When the complainant refused, the accused persons allegedly abused, threatened, and assaulted him with hands and fists, causing injuries to his back and shoulder. Based on the written report lodged by the complainant on 19.12.2025, the FIR was registered, and after investigation, the applicant was charge-sheeted. 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 the evidence collected by the prosecution is not prima facie sufficient to hold the applicant guilty of the aforesaid offences. He also submits that as per MLC Report, the injury sustained by the complainant is simple in nature. The applicant is in jail since 19.12.2025, the applicant has 12 criminal antecedents, out of which, in 11 cases, the applicant has already been acquitted and only one case is pending, which is of the year 2024 under the BNS, further the 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 3 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. She further submits that the applicant allegedly in collusion with co-accused, came to the complainant's house in an intoxicated condition, demanded money for liquor, and upon refusal, abused, threatened, and assaulted the complainant with hands and fists, causing injuries. So far as criminal antecedents of the applicant are concerned, the applicant has 12 criminal antecedents, as such, he is a habitual offender and 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 19.12.2025, the fact that though the applicant allegedly in collusion with co-accused, came to the complainant's house in an intoxicated condition, demanded money for liquor, and upon refusal, abused, threatened, and assaulted the complainant with hands and fists, causing injuries, but considering the fact that as per the MLC Report, the injuries sustained by the injured are found to be simple in nature, so far as criminal antecedents of the applicant are concerned, the applicant has 12 criminal antecedents, out of which, in 11 cases, the applicant has already 4 been acquitted and only one case is pending, which is of the year 2024 under the BNS, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aasif Khan, involved in Crime No. 440/2025 registered at Police Station Chhuikhadan, District - Khiragarh- Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119(1), 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 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 5 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. 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