1 CGHC010187692026 2026:CGHC:28541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4488 of 2026 Abhishek Thakur S/o. Prahlad Singh Thakur Aged About 24 Years R/o. Soniya Nagar, Kotra Road, Police Station- City Kotwali, District - Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer (S.H.O.) P.S. City Kotwali Raigarh District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First 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. 104/2026, registered at Police Station – City Kotwali Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 324(4), 119(1), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per the prosecution story, on 04.03.2026, the complainant, namely, Mohd. Jishan Raja, lodged a report at the Police Station alleging that on the same day, i.e., 04.03.2026, during the Holi festival, he was returning to his house along with his friend, Roshan Singh. On the way, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 11:30:12 +0530 2 co-accused persons, who were allegedly under the influence of alcohol, approached them and started using filthy language. At that time, the present applicant also reached the spot and demanded money from the complainant. When the complainant refused to give the money, the applicant, along with the co-accused persons, allegedly assaulted him with bricks, a knife, and by fist blows. On the basis of the said allegations, the complainant lodged the First Information Report against the present applicant and the other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant, along with the other co-accused persons, allegedly assaulted the two injured persons. So far as the present applicant is concerned, it is alleged that he assaulted the injured with a brick. Out of the two injured persons, Mohd. Jishan Raja sustained simple injuries, whereas the other injured, Roshan Singh, sustained grievous injuries. It is further submitted that the knife injury is specifically attributed to the co-accused, Ajay Chauhan. It is also submitted that the charge-sheet has already been filed. The applicant has nine previous criminal antecedents, out of which he has been acquitted in six cases, while three cases are still pending. The details of the criminal antecedents have been explained in Paragraph No. 4(A) of the present bail application and in the covering memo. Learned counsel further submits that the co-accused, namely, Satyam Mahant, has already been granted bail by this Court vide order dated 30.04.2026 passed in MCRC No. 3987/2026. The applicant has been in judicial custody since 11.03.2026. Since the trial is likely to take considerable time to conclude, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application 3 and submitted that the charge-sheet has already been filed in the present case. She further submitted that that the applicant, along with the other co-accused persons, allegedly assaulted the two injured persons. So far as the present applicant is concerned, it is alleged that he assaulted the injured with a brick. Out of the two injured persons, Mohd. Jishan Raja sustained simple injuries, whereas the other injured, Roshan Singh, sustained grievous injuries. It is further submitted that the knife injury is specifically attributed to the co-accused, Ajay Chauhan. Further, the applicant has 12 previous criminal antecedents. Therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that, the applicant, along with the other co-accused persons, allegedly assaulted the two injured persons, so far as the present applicant is concerned, it is alleged that he assaulted the injured with a brick and the knife injury is specifically attributed to the co-accused, Ajay Chauhan, further the charge-sheet has already been filed, so far as the criminal antecedents of the applicant is concerned, the applicant has 12 previous criminal antecedents, out of which he has been acquitted in six cases, while three cases are still pending, and rest of the cases are old and stale, also considering the fact that the co-accused, namely, Satyam Mahant, has already been granted bail by this Court vide order dated 30.04.2026 passed in MCRC No. 3987/2026, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - 4 Abhishek Thakur, involved in Crime No. 104/2026, registered at Police Station – City Kotwali Raigarh, District- Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 324(4), 119(1), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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 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 his 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 his, 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 5 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 his 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 Preeti