1 CGHC010215692026 2026:CGHC:28685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5067 of 2026 1 - Mohammed Rafiq S/o Mhd. Sheikh Harun Aged About 52 Years R/o Immambada Kasai Mohalla Near Shitla Mandir Camp 02 Bhilai Police Station Chhawani, District- Durg (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Chhawani, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhanshu Kumar Singh, Advocate For Respondent(s)/State : Ms. Monika Singh Thakur, P.L. 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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 to the applicant who has been arrested in connection with Crime No. 198/2026 registered at Police Station- Chhawani, District- Durg (C.G.) for the offence punishable under Sections 296, 351(3), 118(1), 3(5) and 109 of BNS, 2023. 2. As per the prosecution case, in brief, on 07.04.2026, the complainant lodged a First Information Report alleging that at about 03:30 p.m. on the same day, a dispute arose between the complainant and the accused persons near a shop over a trivial issue relating to sitting space. It is alleged that the present applicant, along with the co-accused persons, abused the complainant, assaulted him with hands, fists and a water jar, and extended criminal intimidation. During the course of investigation, statements of the witnesses were recorded and Section 109 of the Bharatiya Nyaya Sanhita, 2023 was also added. Thereafter, the applicant was arrested on 17.04.2026. 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 allegations levelled in the FIR are vague, omnibus and do not attribute any specific overt act to the present applicant. It is further submitted that the incident arose out of a sudden quarrel over a trivial issue, the injuries sustained by the complainant are simple in nature. Learned counsel further submits that the applicant has remained in jail since 17.04.2026, charge- sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that there are two injured persons in the present case, one of whom sustained multiple injuries. Considering the nature of the allegations and the injuries suffered by the victims, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having heard learned counsel for the parties and having considered the rival submissions, the nature of the allegations, the fact that the charge-sheet has already been filed, the period of incarceration undergone by the applicant since 17.04.2026, and the likelihood of the trial taking considerable time to conclude, this Court is of the opinion that further pre-trial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case, this Court is inclined to enlarge the applicant on bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Mohammad Rafiq involved in Crime No.- 198/2026 registered at Police Station- Chhawni, District- Durg (C.G.) for the offence punishable under Sections 296, 351(3), 118(1), 3(5) and 109 of BNS, 2023 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:- 4 (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 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 5 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. 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