1 CGHC010194002026 2026:CGHC:30064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4519 of 2026 1 - Tejprakash @ Raj Mahilange S/o Dulesh Kumar Mahilange Aged About 25 Years R/o Village Manodharpur, Police Station Nandghat, District Bemetara, Chhattisgarh. 2 - Khumendra @ Krishna Mahilange S/o Dulesh Kumar Mahilange Aged About 21 Years R/o Village Manodharpur, Police Station Nandghat, District Bemetara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Chowki- Maro, Police Station Nandghat, District Bemetara, Chhattisgarh. ... Non-Applicant(s) For Applicants : Mr. Goutam Khetrapal, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 66/2026, registered at Police Chowki-Maro, Police Station-Nandghat, District-Bemetara (C.G.) for the offence KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 punishable under Sections 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 05.03.2026, the complainant lodged a report at Police Chowki-Maro alleging that the present applicants assaulted the injured Sahil Jangde and Ajay Bharti with hands and fists, whereas the co-accused namely Jagdish @ Jaggi and Darjil Mahilange assaulted the injured persons with a knife and blade, due to which they sustained injuries and were admitted to Shri Siddhi Vinayak Hospital, Narayanpur for treatment. On the basis of the said report, FIR was registered against the accused persons including the present applicants for the offence punishable under Sections 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023. After completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that the allegations against the present applicants are only that they assaulted the injured persons with hands and fists and no weapon has been attributed to or seized from them, whereas the specific allegation of causing injuries by knife and blade is against the co- accused namely Jagdish @ Jaggi and Darjil Mahilange. He further submits that, therefore, the case of the present applicants is clearly distinguishable from that of the said co-accused. He further submits that the injured persons have not sustained any injury which may cause death in the ordinary course of nature and further that the applicants have no previous criminal antecedent, they are young 3 persons and in the present case, charge-sheet has already been filed before the competent Court and they are in jail since 06.03.2026 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicants. However, she fairly submits that the charge-sheet has already been filed before the competent Court and the applicants have no previous criminal antecedent. She further submits that the present applicants actively participated in the incident and assaulted the injured persons with hands and fists, on account of which the injured persons received injuries and hospitalized also therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicants and considering the fact that the allegation against the present applicants is only of assault by hands and fists whereas the specific allegation of assault by knife and blade is against the co-accused namely Jagdish @ Jaggi and Darjil Mahilange, therefore, the case of the present applicants is distinguishable from that of the said co- accused, further in the present case charge-sheet has already been filed before the competent Court, the applicants have no previous criminal antecedent, they are in jail since 06.03.2026 and the conclusion of the trial is likely to take some time, therefore, without 4 commenting anything on the merits of the case, I am inclined to grant regular bail to the present applicants. 7. Let the applicants – Tejprakash @ Raj Mahilange and Khumendra @ Krishna Mahilange involved in Crime No. 66/2026, registered at Police Chowki-Maro, Police Station- Nandghat, District-Bemetara (C.G.) for the offence punishable under Sections 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 5 court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal