1 CGHC010154222026 2026:CGHC:28240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3789 of 2026 • Bhagwat Banjare S/o Amru Banjare Aged About 31 Years R/o Vill. Bharuwadih, Ward No. 02, Sakahariya Road Post Champa, Police Station Palari District- Baloda Bazar- Bhatapara (C.G.) (Correct Address Mentioned Herein Above) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, P.S. Palari, District- Baloda Bazar- Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aishwarya Kumar Dubey, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.07/2026 registered at Police Station - Palari, District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 351(2), 109 and 3(5) of the BNS. 2. The prosecution story, in brief, is that, on the night of 07.01.2026, the applicant and his wife verbally abused him. It is further alleged that the applicant called the complainant out near his shop, where the applicant allegedly came out holding a knife, and her husband attacked the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:13:22 +0530 2 complainant with a steel rod, causing injuries. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. It is further argued by the learned counsel for the applicant that the allegation levelled against the present applicant is that he assaulted the injured with steel rod, as a result injured sustained grievous injuries on his head, but as per the medical examination report no internal injury has been caused. The charge sheet has already been filed and he is in jail since 06.04.2026, therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has already been filed in the present case and applicant has four criminal antecedents, out of which details of the three cases are mentioned in the bail application at paragraph No.4(a), it appears that applicant is a habitual offender. She further submits that injured sustained grievous injuries but as per the medical examination report no internal injuries/damages have been caused by the injured. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and also considering the fact that no internal injury has been sustained by the injured, charge-sheet has already been filed and he is in jail since 06.04.2026, further considering the detention period of the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Bhagwat Banjare involved in Crime No.07/2026 registered at Police Station - Palari, District Baloda Bazar-Bhatapara 3 (C.G.) for the offence punishable under Sections 296, 351(2), 109 and 3(5) of the BNS, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali