1 CGHC010236862026 2026:CGHC:29630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5926 of 2026 Manoj Patel S/o Madhav Patel, Aged About 23 Years R/o - Sahu Basti, Nandi Chowk, Puraina, Telibandha Ravigram, District - Raipur, (Chhattisgarh) ... Applicant(s) versus The State Of Chhattisgarh Through Police Station - Rajandra Nagar District -Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Yash Bothra, Advocate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 101/2026 registered at Police Station Rajandra Nagar District -Raipur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 296, 351(2), 115(2), 118(1), 109, 3(5) of the BNS and Sections 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that the present applicant, along with the co-accused, allegedly formed an unlawful assembly, abused and assaulted the complainant's brothers, Pratik and Bhavesh. It is further alleged that one of the co- accused attacked the injured persons with a sharp-edged steel knife with the intention to commit their murder, causing grievous injuries. The alleged incident led to the registration of present offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the principal accused in the present case is Dhananjay, who inflicted a knife blow upon the injured, resulting in a stab injury, whereas the present applicant has assaulted the injured only by hands and fists. He also submits that the knife alleged to have been used in the commission of the offence has also been recovered and seized from the possession of the said accused. The applicant is in jail since 04.03.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly in collusion with co-accused, abused and assaulted the injured persons and actively participated in the incident in which a co- accused inflicted grievous knife injuries on the victims with the intention to commit murder. Therefore, the applicant is not entitled for grant 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 offence, period of detention of the applicant since 04.03.2026, the fact that the though the applicant in furtherance of the common intention with the co-accused, allegedly abused and assaulted the injured persons and participated in the incident wherein the co-accused inflicted grievous knife injuries with the intention to commit murder, but considering the fact that it was the co-accused, Dhananjay, who allegedly inflicted the knife blow upon the injured, resulting in a stab injury, whereas the role attributed to the present applicant is confined to assaulting the injured with hands and fists only, also considering that the knife alleged to have been used in the commission of the offence has already been recovered and seized from the possession of the said co-accused and the fact that the the applicant has no criminal antecedent, further the 4 charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Manoj Patel, involved in Crime No. 101/2026 registered at Police Station Rajandra Nagar District -Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 109, 3(5) of the BNS and Sections 25, 27 of the 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 him 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil