1 CGHC010258262026 2026:CGHC:28206 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6079 of 2026 Nihal Banjare S/o Mansharam Banjare, Aged About 19 Years R/o Ward No. 04 Sahni Para, Village Pond, Tehsil Abhanpur, Dist. Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station - Gobra Nawapara, District Raipur (C.G.) ... Non-applicant(s) For Applicant : Ms. Anju Aahuja, Advocate For Non-applicant/State : Ms. Ritika Verma, 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. 74/2026, registered at Police Station : Gobra, Nawapara, District- Raipur (C.G.) for the offence punishable under Sections 118(2), 351(2), 296 and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 04.03.2026, at about 10:00 a.m., the complainant Chandrakant Gilhare had gone to Sahni Para, Pond, along with his friends to celebrate the Holi festival. During the celebration, coloured water accidentally fell on KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 co-accused Bittu Banjare, who became enraged and abused the complainant, following which the complainant left the place. It is alleged that later on the same day, at about 7:00 p.m., when the complainant was standing near Trimurti Hardware along with Pushpakant Mannade, the co-accused Noor Mannade, Bittu Banjare, present applicant- Nihal Banjare and Aman Banjare, came there, abused the complainant in filthy language, threatened to kill him and assaulted him with hands and fists, while applicant- Nihal Banjare allegedly assaulted the complainant with a sickle (hasiya), causing injuries on the back of his head and left shoulder. On the basis of the said incident, Crime No. 74/2026 was registered against the applicant and the co-accused persons. During the course of investigation, the applicant was arrested and after completion of the investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the incident occurred all of a sudden during the Holi festival without any premeditation or prior meeting of minds. He further submits that the applicant is a young student aged about 19 years, whose future and academic career would be seriously prejudiced by prolonged pre-trial detention. It is further submitted that the medical evidence does not support the allegation of any life- threatening injury, as the CT scan of the complainant reveals no significant intracranial abnormality and only mild soft tissue swelling, while the CT scan of the other injured shows an 3 undisplaced fracture without any intra-axial or extra-axial bleed or midline shift. It is further submitted that the investigation has been completed, the charge-sheet has already been filed before the competent Court, no further custodial interrogation is required, and the applicant has remained in judicial custody since 06.03.2026. Therefore, the applicant deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the present applicant is specifically attributed with the role of assaulting the complainant with a sickle (hasiya) on the head and left shoulder, resulting in injuries. However, as per the medical record, the injured did not receive any external injury. She further submits that the material collected during the course of investigation prima facie establishes the involvement of the applicant in the commission of the offence. It is also submitted that the applicant has one previous criminal antecedent of the year 2022. Accordingly, it is prayed that the present bail application be rejected. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, period of detention of the applicant since 06.03.2026 and the fact that the incident appears to have arisen out of a sudden altercation during the celebration of the Holi festival, further considering that although the present applicant is alleged to have assaulted the complainant with a sickle (hasiya), the CT Scan report of the complainant does not reveal any 4 significant intracranial abnormality and shows only mild soft tissue swelling and the CT Scan report of the other injured discloses an undisplaced fracture with no intra-axial or extra-axial bleed, no midline shift and no internal brain damage, the investigation has been completed, the charge-sheet has already been filed before the competent Court, no further custodial interrogation of the applicant is required and though the applicant has one criminal antecedent of the year 2022, the conclusion of the trial is likely to take considerable time, therefore, without commenting upon the merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Nihal Banjare, involved in Crime No. 74/2026, registered at Police Station : Gobra, Nawapara, District- Raipur (C.G.) for the offence punishable under Sections 118(2), 351(2), 296 and 3(5) of 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 his counsel. In case of his absence, without sufficient 5 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. 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 Kunal