1 2026:CGHC:4139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 826 of 2026 Mussu @ Irfan Musalman S/o Mohammad Yunus Aged About 30 Years R/o Civil Line Simga, P.S. Simga, Distt. Balodabazar Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Civil Line Simga, Distt. Balodabazar Bhatapara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.01.2026 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who has been arrested in connection with Crime No.442/2025 registered at Police Station – Simga District Balodabazar Bhatapara (C.G.), for the offences punishable under Sections 296, 351(3), 118(1) read with Section 3(5) of the BNS and Sections 25 & 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.23 16:24:14 +0530 2 2. The prosecution story in short is that the FIR was lodged by Nutan Kumar alleging inter-alia that on 13-08-2025 at about 9.00 PM, the applicant along with other co-accused persons assaulted his son Harshraj Sourabh due to old revelry with hand and fist and the applicant assaulted Harshraj Sourabh with the knife from the back side, on account of which the injured Harsh Ram Sourabh received the injuries on his back. On the basis of FIR lodged by the father of injured, the police arrested the applicant and one juvenile in conflict with law and one of the accused is still absconding. 3. The applicant is innocent and has been falsely implicated in the present case, that the applicant has not acted in the manner alleged by the prosecution, has not committed any crime, and has been falsely implicated by the police; that the essential ingredients of the alleged offence are not prima facie attracted against the applicant; that the injuries allegedly sustained by the injured, Harshraj, are simple in nature, and the applicant has been implicated by the injured and his father due to an old rivalry between them; that the applicant has been in judicial custody since 14.08.2025, therefore, he prays for grant of regular bail to the present applicant. 4. 4. On the other hand, learned State counsel opposed the bail application of the present applicant and submitted that the charge-sheet has not yet been filed; she further submits that the present applicant allegedly assaulted the injured, resulting in grievous injuries, and that the applicant has six previous criminal antecedents. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, the applicant has been in custody since 14.08.2025, and the conclusion of the trial may take some more time. In view of the above, this Court is of the considered opinion that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Mussu @ Irfan Musalman, involved in Crime No.442/2025 registered at Police Station – Simga District Balodabazar Bhatapara (C.G.), for the offences punishable under Sections 296, 351(3), 118(1) read with Section 3(5) of the BNS and Sections 25 & 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 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 applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court 4 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. 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 vaibhav