1 2026:CGHC:6576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1282 of 2026 Aman Urf Minesh Thakur S/o Late Rekhlal Thakur, Aged About 19 Years R/o Smriti Chowk, Naya Para Risali Bhilai, Police Station Newai, Tehsil And District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Sho, Police Station Newai District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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. 339/2025 registered at Police Station 2 Newai District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 23.10.2025 at about 09:30 P.M., during the Matar festival at Shivaji Chowk, Risali, the complainant and the present applicant along with other persons were participating in the celebrations. During the course of dancing, accused Bhoj Deshmukh and Aman alias Minesh Thakur started pushing and shoving each other. When the complainant intervened to stop them, both the accused allegedly abused and assaulted the complainant with hands and fists and threatened to kill her. It is further alleged that with the intention to cause her death, Aman Thakur caught hold of both hands of the complainant, while Bhoj Deshmukh took out a cutter from his pocket and attempted to inflict a fatal blow on her neck. The complainant, while trying to save herself, sustained injuries on the back of her neck and back, resulting in bleeding. On the basis of the said report, the concerned police station registered the offence and arrested 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 present applicant only caught hold of both hands of the injured, while Bhoj Deshmukh took out a cutter from his pocket and attempted to inflict a fatal blow on her neck, due to which, the injured sustained injuries on 3 the back of her neck and back, resulting in bleeding, hence, the case of present applicant is distinguishable to that of the said co- accused person. He also submits that no seizure has been made from the possession of the applicant The applicant is in jail since 27.10.2025, 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 application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicant is that during the Matar festival, he alongwith co- accused, Bhoj Deshmukh, in furtherance of common intention, assaulted the complainant causing injuries, 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 27.10.2025, the fact that though the allegation against the applicant is that during the Matar festival, he alongwith co- accused, Bhoj Deshmukh, in furtherance of common intention, assaulted the complainant causing injuries, but considering the fact that the said injury was inflicted upon the injured by the co- accused, Bhoj Deshmukh, who took out a cutter from his pocket 4 and attempted to cause a fatal injury on her neck, present applicant had only caught hold of the injured and the fact that the present applicant has no criminal antecedent, as such, the case of present applicant is distinguishable to that of the said co-accused, who assaulted the injured, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aman Urf Minesh Thakur, involved in Crime No. 339/2025 registered at Police Station Newai District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS, 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, 5 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 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