1 CGHC010240382026 2026:CGHC:28190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6026 of 2026 Sunil Gendre S/o Shri Jitendra Gendre Aged About 26 Years R/o Ward No. 03, Near Water Tank, Purani Basti, Gogaon P.S. Gudhiyari Raipur Tehsil And District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Gudhiyari, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Ankita Goswami, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 103/2026, registered at Police Station - Gudhiyari, District - Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act. 2. According to the prosecution, the complainant, Sagar Alhat, lodged a written report at Police Station Gudhiyari on 05.03.2026, alleging therein that on 04.03.2026 at about 3:30 p.m., the applicant assaulted him, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.09 11:59:51 +0530 2 abused him in filthy language, and threatened him with dire consequences. On the basis of the said report, Police Station Gudhiyari registered Crime No. 0103/2026 against the applicant and the co- accused persons for the offences punishable under Sections 115(2), 296, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He further submits that, as per the MLC report of the injured, he has sustained only simple injuries. He also submits that though the applicant has 03 criminal antecedents under the IPC, he has already been discharged by the concerned trial Court in 02 of those cases, and only 01 case is presently pending. Explanations in this regard have also been furnished in Part D of the present bail application. He further submits that the applicant has been in judicial custody since 04.04.2026 and that the conclusion of the trial is likely to take some time. Therefore, he prays that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of regular bail to the applicant and submits that the charge-sheet has already been filed before the competent Court. She further submits that, although the query report regarding the nature of the injuries is still awaited, the MLC report reveals that the injured sustained a knife injury on the back of his left shoulder. She further submits that the present applicant is specifically alleged to have assaulted the injured with a knife. Therefore, it is submitted that the applicant is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and upon perusal of the MLC report of the injured, it appears that the injuries sustained are simple in nature. Further, though the applicant has 03 criminal antecedents under the IPC, he has already been discharged by the concerned trial Court in 02 of those cases, and only 01 case is presently pending. An explanation in this regard has also been furnished in Part D of the present bail application. Moreover, the charge-sheet has already been been filed before the competent Court, and the applicant has been in judicial custody since 04.04.2026. As the conclusion of the trial is likely to take some more time, this Court is of the opinion that the applicant is entitled to be released on regular bail in the present case. 7. Let the applicant – Sunil Gendre, involved in Crime No. 103/2026, registered at Police Station - Gudhiyari, District - Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of the Arms Act, 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 4 counsel. In case of his absence, without sufficient cause, the trial court may proceed against his 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 his, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek