1 2026:CGHC:2397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 516 of 2026 1 - Yogesh Kumar Sahu S/o Shri Parash Ram Sahu Aged About 23 Years R/o Village- Sajapali, P.S. Kota, District Bilaspur C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Kota, District Bilaspur C.G. ... Non-Applicant For Applicant : Mr. Leekesh Kumar, Advocate For Non-Applicant : Ms. Deeksha Gauraha, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 15/01/2026 1. This is the third bail application. The first bail application was dismissed on merits vide order dated 11.03.2024 in M.Cr.C. No. 1349/2024. The second bail application was dismissed as withdrawn vide order dated 10.12.2025 in M.Cr.C. No. 9957/2025 with liberty to repeated the prayer along with all relevant documents. 2. This third bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1067/2023 registered at Police Station – Kota, District – Bilaspur, Chhattisgarh for the offences 2 punishable under Sections 341, 307 of the Indian Penal Code, 1860 and under Sections 25 & 27 of the Arms Act, 1959. 3. Case of prosecution is that, on 04.12.2023 at about 02:10 P.M. when the victim along with her friend was returning back from college, applicant came from behind and started assaulting the victim by means of iron chopper on her neck, head. She suffered grievous injury. Incident was reported to the concerned police station, based upon which, aforementioned offence was registered and the applicant was arrested. 4. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is aged about 23 years and there is no other criminal antecedent against him. He is jail since 06.12.2023 and thereby, he has completed more than 02 years of the pre-trial detention. He also contended that out of 24 witnesses only 16 witness have examined till date and further, he also submits that the injured and other material witness have been examined and there is no apprehension of influencing the prosecution witness. Trial may take sometime, Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that there is allegation against the applicant of commission of assault upon the victim causing grievous injuries. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties in particular considering that the applicant is the first offender of tender age, period of pre-trial detention suffered by the applicant, documents 3 enclosed along with the bail application, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.16 18:58:45 +0530