1 CGHC010256142026 2026:CGHC:28424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6103 of 2026 Rakesh @ Kalu Shriwas S/o Late Righu Ram Shriwas Aged About 43 Years R/o Near Jagannath Mandir, Gandhi Chowk, Deewanpara Tehsil And Distt. Rajnandgaon C.G. ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Police Station Kotwali District Rajnandgaon C.G. ... Respondent(s) For Applicant(s) : Mr. Satyendra Srivas, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 223/2026 registered at Police Station- City Kotwali, District MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:18 +0530 2 Rajnandgaon (C.G.), for the offences punishable under Sections 109(1), 3(5) of the BNS and Section 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 25.04.2026, the complainant, Anup Yadav @ Mundu, lodged an FIR at Police Station Kotwali, Rajnandgaon, alleging that in the intervening night of 24/25.04.2026, at about 12:00 midnight, he had gone to Gandhi Chowk, Rajnandgaon, to celebrate the birthday of his friend Shoaib, where Shoaib Khan, Rakesh Soni, Mahmud Ali and the present applicant were present. During the celebration, a quarrel allegedly erupted between Rakesh Soni and Mahmud Ali, which was initially resolved by the present applicant. It is further alleged that thereafter the applicant instigated Rakesh Soni, and pursuant to a common plan, both of them assaulted the complainant with a knife, thereby causing injuries to him, on the basis of which the present crime was registered against the applicant and the co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the incident arose out of a sudden quarrel and that the applicant himself sustained injuries, including a small incised wound on his finger, and lodged a counter FIR against the complainant, which supports the defence version. It is further submitted that the injuries sustained by the complainant are simple in nature. He lastly submits that the applicant is in jail since 3 26.04.2026 and the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has 3 previous criminal antecedents registered against him of year 2021, 2022 and 2015, which itself shows that applicant is a habitual offender. 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 allegation levelled against the applicant and the fact that from the bare perusal of impugned order it can be seen that injuries as stated in the complaint are simple in nature and so far as the criminal antecedents of the applicant is concerned, they are old and stale, the applicant is in jail since 26.04.2026, charge-sheet has not been filed yet and the conclusion of the trial is likely to take some time, hence this Court deems it appropriate to allow this application. 7. Let applicant, Rakesh @ Kalu Shriwas, involved in Crime No. 223/2026 registered at Police Station- City Kotwali, District Rajnandgaon (C.G.), for the offences punishable under Sections 109(1), 3(5) of the BNS and Section 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 Manpreet