1 2026:CGHC:26660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3607 of 2026 Raju Choudhary S/o Dukhi Ram Choudhary Aged About 45 Years R/o Amarpur Police Station Pendra District- Gaurela-Pendra-Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through The S.H.O. Police Station Pendra, District – Gaurela-Pendra-Marwahi (C.G.) ---- Non-applicant For Applicant : Mr. Yash Tripathi, Advocate. For Non-applicant/State : Ms. Nupoor Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 15/2026, registered at Police Station – Pendra, District – Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 296, 351(3) and 105 of the BNS. 2. The case of the prosecution, is that on 10.01.2026 at about 8:00 PM, the complainant, Shrichand Choudhary, was at his house when the applicant, Raju Chaudhary, called his son, Siyaram, near the Pakri Jhad well and assaulted and abused him. Upon hearing the commotion, family members intervened and brought Siyaram back home. Thereafter, it was alleged that while the complainant along with his mother Sohatiya Bai (aged about 70 years) was standing in front of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the house, the applicant arrived armed with a brick, abused them in filthy language, threatened to kill, and it was also alleged that the applicant violently pushed Sohatiya Bai onto the CC road, causing serious injuries to her thigh and head. Thereafter, she was initially taken to District Hospital Gaurela on 11.01.2026 and later referred to CIMS Hospital, Bilaspur. However, on 14.01.2026, while being taken back home, she succumbed to her injuries near Bhoota Talab. On the basis of the aforesaid, an FIR was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that there was a quarrel took place between the applicant and the complainant, and the mother of the complainant/deceased who was aged about 70 years intervened in the dispute between the two and on account of fall, she was succumbed to the injuries sustained to her. The applicant is in jail since 16.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that there was a quarrel took place between the applicant and the complainant, and the mother of the complainant/deceased who was aged about 70 years intervened in the dispute between the two and on account of fall, she was succumbed to the injuries sustained to her, charge-sheet has been filed against the applicant, the applicant is in jail since 16.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Raju Choudhary, involved in Crime No. 15/2026, registered at Police Station – Pendra, District – Gaurela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 296, 351(3) and 105 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 court shall initiate proceedings against him, in accordance 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar