1 CGHC010163452026 2026:CGHC:28238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3794 of 2026 • Ajay Tandhi S/o Deva Tandhi Aged About 22 Years R/o Rajeev Gandhi Nagar, Near Shiv Mandir, Ps- Khamardih, District- Raipur, C.G. (Father Name Wrongly Mentioned As Dev In Impugned Order) ... Applicant(s) versus • State of Chhattisgarh Through Police Station- Khamardih, District- Raipur, C.G. ... Respondent(s) For Applicant(s) : Mr. Shobhit Koshta, Advocate For Respondent(s) : Ms. Ankisha Shukla, 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.305/2025 registered at Police Station - Khamardih, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 351(3), 109(1) of BNS and Sections 25 and 27 of the BNS. 2. The prosecution story, in brief, is that, on 05.11.2025, the injured namely Rahul Mishra and applicant who are from same neighborhood was sitting with other persons and at that time the applicant came of spot and out of previous enmity and caused the stab injury on right VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:13:23 +0530 2 hamstring of the injured and stated to him why the injured was sitting with his uncle thereafter, the FIR has been lodged. Hence, this bail application. 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 knife, as a result injured sustained stab injury on his right hamstring. The charge-sheet has already been filed and he is in jail since 05.11.2025, 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 three criminal antecedents, and details of the same 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 stab injury on his right hamstring, therefore, applicant is not entitle for grant of bail. 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 the injury sustained by the injured was on a non-vital part of the body, charge-sheet has already been filed and he is in jail since 05.11.2025, 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 – Ajay Tandhi, involved in Crime No.305/2025 registered 3 at Police Station - Khamardih, District- Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 351(3), 109(1) of BNS and Sections 25 and 27 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