1 2026:CGHC:27254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5840 of 2026 Aman Soni S/o Manesh Soni Aged About 24 Years R/o Ward No. 03, Kokadipara, Baghmara, Nagar, P.S. Gunderdehi, District- Balod Chhattisgarh (Add. Of Applicant Incomplete And Wrongly Mentioned In The Cause Title As Baghmara Ward No. 03, Kokadipara, Baghmara, District- Balod) Correct Address Mention Above ... Applicant(s) versus State Of Chhattisgarh Through P.S. Balod District- Balod, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. 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. 67/2026 registered at Police Station- Balod, District- Balod (C.G.), for the offence punishable under Sections 296, 109, 115(2) and 3(5) of B.N.S. 2. Case of the prosecution in brief is that on 06.02.2026, a dispute KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 arose over the issue of removing a motorcycle, during which the co- accused started abusing and assaulting the victim with hands and fists. When injured-Praveen Nirmalkar attempted to intervene, the present applicant and the co-accused caught hold of him and the applicant allegedly instructed the co-accused, Gulshan Kumar Sahu, to take out a knife and kill him. Thereupon, the co-accused, Gulshan Kumar Sahu, threatened to kill Praveen Nirmalkar and stabbed him 3–4 times in the stomach with the sharp knife he was carrying. Thus, the alleged offence was committed and the police registered FIR bearing Crime No. 67/2026 for the offences punishable under Sections 296, 109, 115(2) and 3(5) of the BNS against the accused. 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 applicant has not assaulted the injured Prakash. As per the prosecution case itself, the only allegation against the present applicant is that he allegedly caught hold of the injured, whereas the specific allegation of inflicting knife blows, which resulted in grievous injuries, is attributed exclusively to the co- accused, Gulshan Kumar Sahu. It is further submitted that although the bail application of the said co-accused has been rejected by this Court in MCRC No. 3522/2026 vide order dated 22.06.2026, the case of the present applicant stands on a different footing and is clearly distinguishable, as no overt act of causing injuries with the knife has been attributed to him. It is further submitted that no weapon or other incriminating article has been seized from the 3 possession of the applicant. The applicant is a student preparing for competitive examinations, has no criminal antecedents and has been in judicial custody since 08.02.2026. It is also submitted that, as per the memorandum statements, the victims were under the influence of alcohol and were themselves the aggressors. It is further contended that the charge-sheet has already been filed before the competent Court and, therefore, custodial interrogation of the applicant is no longer required. As the trial is likely to take considerable time to conclude therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned Panel Lawyer appearing for the Non- applicant/State opposes the prayer for bail and submits that the present applicant, along with the co-accused, actively participated in the commission of the offence. It is contended that the applicant caught hold of the injured and facilitated the co-accused, Gulshan Kumar Sahu, in inflicting multiple knife blows, resulting in grievous injuries and further the bail application of the co-accused namely Gulshan Kumar Sahu has already been rejected by this Court. Considering the gravity of the offence and the specific role attributed to the applicant, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, nature of allegations and the role attributed to the present applicant, who is only alleged to have caught hold of the injured, whereas the specific allegation of assaulting the injured with a knife causing grievous 4 injuries is attributed to the co-accused Gulshan Kumar Sahu, whose bail application has already been rejected by this Court in MCRC No. 3522/2026 vide order dated 22.06.2026 and the case of the present applicant being distinguishable and standing on a better footing than that of the co-accused and also considering the fact that the applicant has no criminal antecedent and is in judicial custody since 08.02.2026 and in the present case, charge-sheet has already been filed, the trial is likely to take considerable time to conclude, thus, this Court is of the view that the present applicant is entitled to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant –Aman Soni, involved in Crime No. 67/2026 registered at Police Station- Balod, District- Balod (C.G.), for the offence punishable under Sections 296, 109, 115(2) and 3(5) of B.N.S., 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 5 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. 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