1 CGHC010164562026 2026:CGHC:28793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3943 of 2026 1 - Lekhraj Sahu @ Raja Sahu S/o Shri Govardhan Sahu Aged About 24 Years R/o Mathpurena, Near Trimurti Mandir, P.S. Tikrapara, District Raipur Chhattisgarh 2 - Durgesh Nishad S/o Shri Sanjay Nishad Aged About 19 Years R/o Mathpurena, Near Trimurti Mandir, P.S. Tikrapara, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Tikrapara, Distt Raipur Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri 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 applicants, who have been arrested in connection with Crime No. 1028/2025 registered at Police Station-Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 296, 118(1), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on the night of 21.12.2025 at about 10:30 PM, the complainant Mayank Jalkshatri along with his friend had gone for a walk after having dinner. At that time, near the water tank at Mathpuraina School, the applicants, who were allegedly under the influence of liquor, were abusing the local residents. On seeing the complainant, they started abusing and threatening him with dire consequences. It is alleged that when the complainant objected, the applicants assaulted him with hands and fists, during which applicant Lekhraj @ Raja Sahu allegedly assaulted the complainant with a sharp-edged knife causing injuries on his chest, near the right eye, forehead and neck. On the basis of the report lodged by the complainant, the aforesaid crime was registered and after completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the complainant and the applicants are residents of the same locality and are well acquainted with each other and, due to a sudden altercation, the present FIR came to be lodged. He further submits that subsequently the complainant Mayank Jalkshatri and his mother appeared before the Court below and filed a No Objection application stating that the dispute has been amicably settled between the parties and they do not wish to pursue the matter any further. It is further submitted that the complainant was not admitted to any hospital and was provided only primary 3 treatment. He also submits that the applicants are labourers and the sole earners of their respective families, the investigation has been completed, charge-sheet has already been filed and have no criminal antecedents and there is no likelihood of their absconding or tampering with the prosecution evidence. Therefore, he prays that the applicants be enlarged on regular bail. 4. On the other hand, learned State counsel appearing for the State opposes the bail application and submits that applicant Lekhraj @ Raja Sahu inflicted knife blows on the vital parts of the body of the complainant/injured, the chest, forehead, neck and near the right eye. However, she submits that as per the medical report, the complainant/injured has sustained simple injuries. He further submits that the charge-sheet has already been filed and the applicants have no criminal antecedents. However, considering the manner in which the offence was committed and the nature of the allegations, the applicants are not entitled to be released on bail. 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 the allegations and the fact that applicant No.1-Lekhraj @ Raja Sahu is alleged to have caused knife injuries to the complainant/injured on his chest, forehead, neck and near the right eye, whereas applicant No.2-Durgesh Nishad is alleged to have assaulted the complainant only with hands and fists, further considering that as per the medical report, the complainant has sustained simple injuries, the investigation has been completed and 4 the charge-sheet has already been filed before the competent Court, the applicants have no criminal antecedents and the complainant as well as his mother have filed a No Objection application before the trial Court stating that they have amicably settled the dispute and do not wish to prosecute the matter further, this Court is of the view that further custodial detention of the applicants are not warranted, it is a fit case to release the applicants on regular bail. 7. Accordingly, the bail application is allowed. 8. Let applicants, Lekhraj Sahu @ Raja Sahu and Durgesh Nishad, involved in Crime No. 1028/2025 registered at Police Station-Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 296, 118(1), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 5 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 applicants 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 applicants are deliberated 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 them in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice 0. . Kunal