1 CGHC010216182026 2026:CGHC:28653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5032 of 2026 1 - Kaushal Markam@ Rinku S/o- Late Anand Markam Aged About 38 Years Resident Of Village Bagmara, P.S. And District- Balod (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Balod, District- Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shikhar Sharma, Advocate For Respondent(s)/State : Ms. Anusha Naik, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 05/2026 registered at Police Station- Balod, District- Balod (C.G.) for the offence punishable under Sections 296, 351 (3) and RUCHI YADAV Digitally signed by RUCHI YADAV 2 109 of BNS. 2. As per the prosecution case, in brief, on 04.01.2026 at about 12:30 p.m., the complainant was sitting near a grocery shop in the village when the applicant allegedly approached him, accused him of casting an evil eye on the applicant's wife, abused and threatened to kill him, and thereafter assaulted him with an iron farsa, causing injuries. On the basis of the said incident, the complainant lodged the First Information Report with the concerned Police Station. 3. Learned counsel for the applicant submits that he is innocent and has been falsely implicated in the present case. He further submits that the applicant caused injuries to the injured person with a farsa. He further submits that the applicant, in an intoxicated condition, tried to outrage the modesty of the wife of the complainant. He further submits that the statement of the complainant has already been recorded and he has turned hostile. He also argues that the injuries sustained by the injured are simple in nature, as per the MLC report. The applicant has been in jail since 05.01.2026, the charge-sheet has been filed in the case, and the conclusion of the trial is likely to take some time. Therefore, he prays for the grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been filed before the competent Court in the present case. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the complainant has already been examined and has turned hostile, the injuries sustained by the injured are simple in nature, the applicant has been in judicial custody since 05.01.2026, the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time, this Court is of the view that, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the Applicant –Kaushal Markam @ Rinku involved in Crime No.- 05/2026 registered at Police Station- Balod, District- Balod (C.G.) for the offence punishable under under Sections 296, 351 (3) and 109 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. 4 (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 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. 5 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 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 Ruchi