1 2026:CGHC:915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10532 of 2025 Uday Kumar Yadav S/o Ramji Yadav Aged About 54 Years R/o Palgi Police Station Trikunda District Balrampur – Ramanujganj, C.G. ... Applicant versus State Of Chhattisgarh Through Police Station - Trikunda District Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Shubham Tripathi, Advocate. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 1. This is the second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 72/2025, registered at Police Station – Trikunda, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 115(2) of Bharartiya Nyaya Sanhita, 2023 and Sections 75, 82 of Juvenile Justice Act, 2005. 2. Earlier first bail application was dismissed as withdrawn by this Courtvide order dated 19.12.2025 passed in MCRC No. 10427/2025. 3. The prosecution story, in brief, is that on 30.11.2025, the father of the victim lodged a written complaint before the police at Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.08 17:57:10 +0530 2 Trikunda, alleging that his son (A), aged about 7 years and studying in Class II, is a student at the school where the present applicant is working as the Headmaster of Government Primary School, Javakhadi, Block Division Ramchandrapur. It is alleged that on 28.11.2025, the applicant asked the student to recite the counting table (Ginti), and upon noticing some mistakes in the counting, he slapped the child on the chin. It is further alleged that the complainant’s son informed his father about the said incident, whereafter the father lodged the report. On the basis of the said report, the concerned police registered an offence under Sections 296 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2005. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant, who was serving as a Headmaster, is alleged to have slapped a 7-year-old child for not answering a question asked in class, and that he has already lost his service on account of the present FIR. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed, and he has been in custody since 30.11.2025. Considering that the conclusion of the trial is likely to take a considerable time, learned counsel prays that the applicant be granted regular bail 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the applicant, 3 who was serving as a Headmaster, is alleged to have slapped a 7-year- old child for not answering a question asked in class, and that he has already lost his service on account of the present FIR, further the applicant has no previous criminal antecedents, the charge-sheet has been filed, and he has been in custody since 30.11.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application is allowed. Let the applicant - Uday Kumar Yadav involved in Crime No. 72/2025, registered at Police Station – Trikunda, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 115(2) of Bharartiya Nyaya Sanhita, 2023 and Sections 75, 82 of Juvenile Justice Act, 2005, 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, 4 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. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti