1 CGHC010234352026 2026:CGHC:29303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5956 of 2026 Kamal Dhimar S/o Raju Dhimar Aged About 25 Years R/o Village Koliyari, Police Station Arjuni, Tahsil And District Dhamtari, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Arjuni, District Dhamtari, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Mayank Chandrakar, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 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. 259/2024 registered at Police Station- Arjuni, District Dhamtari KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 (C.G.), for the offences punishable under Sections 296, 119(1), 119(2) and 351(2) of the BNS. 2. As per the prosecution story, on the date of the incident, the complainant lodged a report alleging that a dispute had taken place between the parties, during which the present applicant assaulted the complainant and the injured, Khamhan Nishad. It is alleged that the applicant caused a single injury to Khamhan Nishad with a sharp-edged weapon, while the complainant sustained simple injuries during the incident. On the basis of the said report, the police registered the present crime against the applicant for the alleged offences and, after completion of investigation, filed the charge-sheet before the competent Court. The matter is triable by the Court of Judicial Magistrate First Class. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that, as is evident from the charge-sheet, the injured Khamhan Nishad sustained only a single injury, whereas the injuries suffered by the complainant, Vijay Nishad, are simple in nature. So far as criminal antecedents of the applicant is concerned, the applicant has two previous criminal antecedents, in which he has already been acquitted. It is also contended that the applicant is in jail since 11.02.2026 and though the charge- 3 sheet has already been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. The learned State counsel opposes the bail application and submits that the applicant is involved in a serious offence wherein he allegedly assaulted the injured with a knife, causing a grievous injury corroborated by the medical and query reports. It is further submitted that the weapon used in the commission of the offence has been recovered from the possession of the applicant, his prima facie involvement is established from the material collected during investigation, and considering the gravity of the offence as well as his criminal antecedents, the applicant does not deserve the benefit of 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 allegation levelled against the applicant and the fact that the injured Khamhan Nishad is alleged to have sustained a single injury while the complainant Vijay Nishad suffered simple injuries and so far as the criminal antecedents of the applicant is concerned, he has been acquitted in all the cases, the applicant is in jail since 11.02.2026, charge-sheet has already been filed and the conclusion of the trial is likely to take some time, hence this Court deems it appropriate to allow this application. 4 7. Let applicant, Kamal Dhimar, involved in Crime No. 259/2024 registered at Police Station- Arjuni, District- Dhamtari (C.G.), for the offences punishable under Sections 296, 119(1), 351(2) and 119(2) of the BNS, be released on bail on his furnishing a personal bond with two heavy 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 5 proceedings against him, in accordance with law, under Section Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal