1 CGHC010147912026 2026:CGHC:27723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3632 of 2026 Mohd. Faijan Khan S/o Mohd. Najir Khan, Aged About 21 Years R/o Baijnath Para, Dhobi Gali, Police Station City Kotwali , District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, Raipur District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 06.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 980/2024 registered at Police Station - Tikrapara, Raipur District- Raipur (C.G.), for the offences punishable under Sections 296, 109, 3(5), 238 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.07 17:35:43 +0530 2 2. The prosecution story, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident there was simple disputed arose in between accused persons and complainant regarding previous enmity and thereafter, they have committed marpeet with the complainant, as resultant, the complainant has received simple injury. Based upon the such complaint concerned police has been registered FIR against the accused persons for the offence u/s 296, 109, 3(5), 238 of B.N.S. 2023. 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 there was only a minor dispute between the applicant and the complainant and that the applicant neither assaulted the injured nor committed any of the offences alleged against him. It is further submitted that the prosecution has failed to collect sufficient material connecting the applicant with the alleged offence and that the essential ingredients of the offences punishable under Sections 296, 109, 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023 are not made out against him. Learned counsel further submits that the FIR has been registered without a proper investigation and the applicant has been arrested merely on the basis of suspicion and the memorandum statement, without any recovery from his possession. It is also submitted that no prima facie case is made out against the applicant. The applicant has been in judicial custody since 18.04.2025, and prolonged incarceration would cause serious hardship to him and his family. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his 3 absconding, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court. Hence, it is prayed that the applicant be enlarged on bail. 4. Learned State counsel opposed the bail application and submitted that, as per the prosecution case, on the basis of the complaint lodged by the complainant, it is alleged that on the date of the incident, due to previous enmity, a dispute arose between the accused persons and the complainant, where after the applicant, along with the co-accused, assaulted the complainant, causing simple injuries. On the basis of the said complaint, the police registered the FIR for the offences punishable under Sections 296, 109, 3(5) and 238 of the Bharatiya Nyaya Sanhita, 2023. Learned State counsel further submitted that the investigation has collected sufficient material against the applicant and that the bail application of the two co-accused ha already been rejected by this Court. It is, therefore, submitted that considering the nature and gravity of the allegations, the material collected during the investigation, and the rejection of the bail application of the co- accused, the applicant is not entitled to the benefit of bail and the present bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during the investigation, and the role attributed to the applicant, this Court is not inclined to enlarge the applicant on bail. This Court also takes note of the fact that the bail applications of the two co-accused have already 4 been rejected by this Court and the applicant has not pointed out any distinguishing circumstance to claim parity. Accordingly, the present bail application is dismissed. 7. Accordingly, the bail application of the applicant – Mohd. Faijan Khan , filed under Section 483 of the BNSS, involved in Crime No. 980/2024 registered at Police Station - Tikrapara, Raipur District- Raipur (C.G.), for the offences punishable under Sections 296, 109, 3(5), 238 of the BNS 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Vaibhav