1 2026:CGHC:6277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1197 of 2026 Pawan Giri Goswami S/o Hemgiri Aged About 23 Years R/o Village- Maniyari Chowk Sulfa, P.S.- Sargaon, District- Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O/cer Sargaon, District- Mungeli (C.G.) ... Non-applicant(s) For Applicant(s) : Dr. Arpit Lall, Advocate For Non-applicant/State(s) : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the 5rst bail application 5led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 170/2025 registered at Police Station Sargaon, District- Mungeli (C.G.), for the o;ence punishable under Sections 109, 296, 115(2), 351(2), 3(5) of the BNS. 2. The prosecution case, in brief, is that on 22.10.2025, the complainant Pawan Verma, along with his friends Lucky Sahu and Roshan Yadav, had gone to visit Talagaon. While returning at about 9:30 PM, they stopped near the Sulfa Mahamaya Temple. At that time, Tejeshwar KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Giri Goswami, on seeing them, began abusing them without any reason. When the complainant objected, Tejeshwar Giri Goswami called his brothers, Bhuvneshwar Giri and Pawan Giri, and all of them together started hurling abuses and threatening to kill them. They also assaulted them with 5sts and a knife, as a result of which Pawan Verma and Lucky Sahu sustained injuries on their stomachs, while Roshan Yadav sustained an injury to his chest. On the basis of the Zero FIR, a case was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the allegation against the applicant is limited to assaulting the injured persons with hands and 5sts, whereas the co- accused, namely Bhuvneshwar, is alleged to have caused knife injuries to the injured persons. It is submitted that all three injured persons sustained injuries, out of whom Roshan received a grievous injury and Pawan underwent surgery however, no speci5c overt act of causing injury by a weapon is attributed to the present applicant. The applicant has been in judicial custody since 23.10.2025, and the charge-sheet has already been 5led before the competent Court. It is further submitted that no recovery or seizure has been e;ected from the present applicant. Considering that the conclusion of the trial is likely to take considerable time, he prays that the applicant be kindly enlarged on bail. 4. Learned State counsel opposes the bail application and submits that as per the prosecution case, the present applicant actively participated in the incident by assaulting the injured persons with hands and 5sts, while one of the co-accused used a knife and caused 3 injuries. Though the applicant did not use a deadly weapon but his role in the assault is clearly established. Considering the nature of the incident, the collective participation of the accused persons, and the seriousness of the allegations, he prays that the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant and the material available on record, it appears that the speci5c allegation against the applicant is limited to assault by hands and 5sts only, whereas the serious allegation of causing injury with a knife is attributed to the co- accused-Bhuvneshwar. It also appears that no deadly weapon has been recovered from the present applicant and the case of the applicant is better than the case of co-accused. The applicant has been in judicial custody for a considerable period, the charge-sheet has already been 5led and the trial is likely to take time for its conclusion thus, without commenting on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant, Pawan Giri Goswami, involved in Crime No. 170/2025 registered at Police Station Sargaon, District- Mungeli (C.G.), for the o;ence punishable under Sections 109, 296, 115(2), 351(2), 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 5le an undertaking to the e;ect 4 that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su/cient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date 5xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 5xed 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 su/cient 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. O/ce is directed to provide a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal