1 CGHC010191142026 2026:CGHC:28757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4779 of 2026 Jaleshwar @ Jalesh Thakur S/o Late Hiralal Tahkur Aged About 25 Years R/o Village Barga, P.S. Thankhamariya, District Bemetara Chhattisgarh ... Petitioner(s) Versus State Of Chhattisgarh Through The Station House Officer Police Station Thankhamariya District Bemetara Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sudhir Kumar Sahu, Advocate For Respondent(s) : Mr. Shailendra Sharma, P.L. HON'BLE SHRI RAMESH SINHA , CHIEF JUSTICE Order on Board 09.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 23/2026 registered at Police Station – Thankhamariya, District: Bemetara (C.G.), for the offence under Section 109 (1) of BNS. SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.07.10 14:51:47 +0530 2 2. Briefly stated, the prosecution case is that on 09.02.2026, the complainant, Sanat Pal, lodged a report at Police Station Thankhamariya stating that on 08.02.2026, at about 8:30 PM, while returning from a "Chulmati" ceremony in Village Barga, he witnessed Jalesh Thakur, allegedly acting out of prior enmity, attack Nohar Pal alias Ballu Pal with a blade on his throat from behind with the intention to kill him. Thereafter, the accused allegedly fled from the spot. As a result of the assault, Nohar Pal sustained grievous injuries on the front of his neck and near his cheek. On the basis of the said report, the present crime was registered, leading to the filing of the present bail application. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and is under incarceration since 09.02.2026. He further submits that no internal damage has been caused to the injured namely Nohar Pal and the nature of injuries has not been mentioned in the MLC report, charge-sheet has been filed, there is no criminal antecedents against the applicant and conclusion of trial is likely to take quite some time, therefore, he may be granted bail. 4. On the other hand, learned Counsel for the State opposes the bail application and submits that charge-sheet has been filed 3 before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by the learned counsel for the parties, the nature of the allegations, and the fact that the applicant has been in jail since 09.02.2026, it is alleged that he caused injuries to the face and neck of the injured. However, there appears to be no internal damage, nor has the nature of the injuries been specified in the MLC report. Further, considering that charge-sheet has been filed, there is no criminal antecedents against the applicant, trial will take considerable time to conclude, and without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let Applicant- Jaleshwar @ Jalesh Thakur involved in Crime No. 23/2026 registered at Police Station – Thankhamariya, District: Bemetara (C.G.), for the offence under Section 109 (1) of BNS 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 4 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. 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 Saurabh