1 2026:CGHC:27250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5849 of 2026 Sahdev Vibhar @ Babundi S/o- Banshi Vibhar, Aged About 24 Years Occupation- Labourer, Resident Of Oriya Mohalla, New Balaji Nagar, Khursipar, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khursipar, District- Durg (C.G.) ... Non-applicant(s) For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy.Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 42/2025 registered at Police Station- Khursipar, District- Durg (C.G.), for the offence punishable under Section 109, 3(5) of BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution in brief is that the complainant Sangeeta lodged an FIR before the concerned Police Station on 14.03.2025, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 wherein it is stated that during a dance programme organized in front of the house of Vivek at Udiya Basti, Khursipar, a scuffle took place after Prince allegedly pushed one Lucky while dancing, whereupon Prince assaulted Lucky with a knife causing injuries below his right hip and near his left wrist and also assaulted Vivek Harpal near his neck. Thereafter, it is alleged that Vivek Harpal, Lucky and Sahdev @ Babuni caught hold of Prince and dragged him to Vivek's house where they assaulted him with knife, fists and kicks with an intention to cause his death. Upon receiving information, the complainant along with her husband Chandramani and son Naresh Kumar reached the spot and rescued Prince from the house. As a result of the assault, Prince sustained injuries on his abdomen, head and hands and was admitted to B.M. Shah Hospital, Bhilai for treatment. During the course of investigation, the present applicant along with other accused persons was arrested and, after completion of investigation, charge-sheet has been filed before the competent Court. On the basis of a report lodged by the complainant, Crime No. 42/2025 was registered at Police Station Khursipar for the offences punishable under Sections 109, 3(5) of the BNS and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has neither committed nor participated in the commission of the alleged offence. It is submitted that the applicant is in judicial custody since 15.03.2025, the investigation has been completed, the charge-sheet has already been filed and, therefore, no further 3 custodial interrogation of the applicant is required. He further submits that the prosecution case rests upon disputed questions of fact which can only be adjudicated during the course of trial and, therefore, continued incarceration of the applicant is unwarranted. It is further submitted that the trial has already commenced and the material prosecution witnesses, including the complainant and the injured witness, have already been examined before the trial Court and they have not supported the prosecution case and have failed to attribute any specific overt act to the present applicant. Learned counsel further submits that, in view of the examination of the material witnesses, there is no likelihood of the applicant influencing the witnesses or tampering with the prosecution evidence. It is also submitted that co-accused Vivek Harpal, against whom there is a specific allegation of assault by knife and whose role is similar, has already been enlarged on bail by this Court in MCRC No. 5856/2025 and, therefore, the present applicant is entitled to the benefit of parity. So far as the criminal antecedents of the applicant are concerned, it is submitted that the applicant has three criminal antecedents, out of which two cases have already been disposed of and one case has already been decided and the same have been duly explained in Part-D of the present bail application. It is, therefore, prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the present applicant are serious in nature and disclose his active participation in the incident. It is submitted that the applicant, along with the other 4 co-accused persons, formed an unlawful assembly and assaulted the injured with deadly weapons, causing multiple injuries. Merely because some of the prosecution witnesses have not fully supported the prosecution case during trial, the same by itself does not demolish the prosecution case at this stage, as the evidence is yet to be appreciated by the trial Court. It is further submitted that the applicant has criminal antecedents and, considering the nature and gravity of the allegations, the manner in which the offence was committed and the material collected during investigation, no case for grant of bail is made out and the application deserves to be rejected. 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 and the fact that the present case arises out of a counter version and persons from both sides have sustained injuries, co-accused Vivek Harpal, against whom there is a specific allegation of assault by knife, has already been enlarged on bail by this Court in MCRC No. 5856/2025 vide order dated 28.07.2025, so far as the criminal antecedents of the applicant are concerned, the same have been explained in Part-D of the present bail application, the charge-sheet has already been filed, the applicant is in judicial custody since 15.03.2025 and the conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 5 8. Let the applicant –Sahdev Vibhar @ Babundi, involved in Crime No. 42/2025 registered at Police Station- Khursipar, District- Durg (C.G.), for the offence punishable under Section 109, 3(5) of BNS and Section 25, 27 of 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 Bharatiya Nyaya Sanhita. 6 (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. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal