1 CGHC010250582026 2026:CGHC:28216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6043 of 2026 Sandeep Puri S/o Deepak Puri Aged About 22 Years R/o Village Dumardihkala, Tehsil, Rajnandgaon District Chhuikhadan Gandai C.G. ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate, K C G, District Khairagarh, Chhuikhadan, Gandai, C.G. ... Respondent(s) For Applicant(s) : Mr. Ujjawal Agrawal, Advocate. For Respondent(s) : Mr. Shailendra Sharma, 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 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. 48/2026 registered at Police Station Thelkadih, District - Khairagarh, Chhuikhadan, Gandai (C.G.) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the offence punishable under Sections 296, 118(1), 351(3), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 17.03.2026, the complainant, Dau Kunjam, lodged an FIR alleging that while he was quarrelling with his mother over his wife having gone to her parental home, the present applicant and co-accused Shubham Goswami, who were their neighbours, intervened in the dispute. When the complainant objected to their interference, both accused allegedly abused him in filthy language, threatened him with dire consequences, dragged him, and assaulted him with fists and blows, causing injury to his left wrist. It is further alleged that co-accused Shubham Goswami struck the complainant on the head with the Kada worn by him, resulting in a bleeding injury. The incident was allegedly witnessed by the complainant's mother and Narendra Kunjam. On the basis of the complaint, Crime No. 48/2026 was registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai, for offences punishable under Sections 296, 118(1), 351(3), and 3(5) of the BNS, 2023, and the present applicant was arrested on 18.03.2026. 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 as per the medical examination report, the injuries sustained by the complainant 3 have been opined to be simple in nature, and no grievous injury has been reported in the medical evidence. He also submits that the alleged weapon has already been seized from the possession of the co-accused, Shubham Goswami and, therefore, nothing further remains to be recovered from the present applicant. Moreover, as per the prosecution's own case, the assault/blow was inflicted by the co-accused Shubham Goswami and not by the present applicant. Consequently, there is no likelihood of the present applicant tampering with the evidence. The applicant is in jail since 18.03.2026, the applicant has three criminal antecedents of the years 2023, 2024 and 2025 under the BNS and Excise Act, out of which, in case Crime No.191/2024 under the BNS, the applicant has already been acquitted, further the 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. He further submits that the applicant allegedly in collusion with co-accused, intervened in a domestic dispute of the complainant and, upon being objected to, abused, threatened, dragged, and assaulted the complainant with fists and blows, causing injuries, while the co-accused allegedly inflicted a head injury upon the complainant with a Kada worn by him. Furthermore, the applicant has three criminal antecedents of the years 2023, 2024 and 2025 under the BNS and Excise Act, 4 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 since 19.03.2026, the fact that though the applicant in collusion with co-accused, intervened in a domestic dispute of the complainant and, upon being objected to, abused, threatened, dragged, and assaulted the complainant with fists and blows, causing injuries, but considering the fact that the specific allegation of inflicting the head injury upon the complainant with a Kada is attributed to the co-accused, Shubham Goswami, so far as criminal antecedents of the applicant are concerned, the applicant has three criminal antecedents of the years 2023, 2024 and 2025 under the BNS and Excise Act, out of which, in case Crime No.191/2024 under the BNS, the applicant has already been acquitted and the charge-sheet has been filed, 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-Sandeep Puri, involved in Crime No. 48/2026 registered at Police Station Thelkadih, District - Khairagarh, Chhuikhadan, Gandai (C.G.) for the offence punishable under Sections 296, 118(1), 351(3), 3(5) of BNS, be released on bail on 5 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 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. 6 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