1 2026:CGHC:27400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5912 of 2026 Harish Chandra Yadav @ Kabali S/o Jagdish Yadav Aged About 24 Years R/o Ghuru Ameri, Police Station Sakri, Tehsil And District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Sakri District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Danish Ahmad Siddiqui, Advocate. For Respondent(s) : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 119/2026 registered at Police Station Sakri District- Bilaspur (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 324(4), 333 and 351(3) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 02.02.2026 at about 6:00 PM, the complainant was present at his property dealing office situated at Sumitra Nagar, Ghuru, when the present applicant allegedly entered the office and demanded money for consuming liquor. Upon the complainant's refusal, the applicant allegedly assaulted him with a plastic chair, causing an injury above his right eye. It is further alleged that the applicant damaged the office furniture, abused the complainant in filthy language, and threatened to kill him before leaving the spot. On the basis of the report lodged by the complainant, the present offence was registered against the applicant, and investigation was commenced. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that on account of personal enmity, business rivalry, and previous disputes with the complainant present applicant has been implicated, although the complainant has alleged that nearby persons witnessed the incident, no independent witness has supported the prosecution case. The statements recorded during the course of investigation also suffer from material contradictions and inconsistencies, thereby casting serious doubt on the veracity of the prosecution story. He also submits that the prosecution has failed to collect any reliable corroborative evidence, such as CCTV footage, photographs of the alleged damage, or any other independent material, to substantiate the allegations. It is also 3 contended that the injury sustained by the complainant is simple in nature and does not support the exaggerated allegations levelled against the applicant. Further, no broken chair, weapon, or any other incriminating material has been properly recovered from or linked to the applicant. The applicant is in jail since 03.02.2026, the applicant has four criminal antecedents registered in the year 2019, 2020, 2022 and 2023 under the IPC and Arms Act, out of which, case of the year 2023 under the Arms Act has already been disposed and three case are pending, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly demanded money from the complainant for consuming liquor and, upon refusal, assaulted him with a plastic chair causing a simple injury, damaged the office furniture, abused him in filthy language, and threatened to kill him. So far as criminal antecedents of the applicant are concerned, the applicant that four criminal antecedents registered in the year 2019, 2020, 2022 and 2023 under the IPC and Arms Act, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant 4 since 03.02.2026, the fact that though the applicant allegedly demanded money from the complainant for consuming liquor and, upon refusal, assaulted him with a plastic chair causing a simple injury, damaged the office furniture, abused him in filthy language, and threatened to kill him, but considering the fact that the injury sustained by the injured is found to be simple in nature, further considering the criminal antecedents of the applicant, which are four in number of the year 2019, 2020, 2022 and 2023 under the IPC and Arms Act, out of which, case of the year 2023 under the Arms Act has already been disposed and three case are pending, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Harish Chandra Yadav @ Kabali, involved in Crime No. 119/2026 registered at Police Station Sakri District- Bilaspur (C.G.) for the offence punishable under Sections 115(2), 119(1), 296, 324(4), 333 and 351(3) of 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. 5 (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. (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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil