Extracted from the PDF above. The PDF is authoritative.
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CGHC010267112026
2026:CGHC:30924
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6496 of 2026 1 - Pintu Sahu S/o Bhuneshwar Sahu Aged About 19 Years At Gokul Nagar, Near Kabir Chowk, District Raipur Chhattisgarh 2 - Bhupendra Sen S/o Jaynarayan Aged About 19 Years At Gokul Nagar, Near Kabir Chowk, District Raipur Chhattisgarh 3 - Ajay Yadav @ Rahul S/o Purhottam Yadav Aged About 19 Years At Gokul Nagar, Shital Bhawan, Near Hanuman Mandir, District Raipur Chhattisgarh 4 - Rahul Vishwakarma S/o Indra Pratap Vishwakarma Aged About 23 Years At Gokul Nahar, Near Prem Kirana Store, District Raipur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through S H O, P.S. Gudhiyari, District Raipur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate appeared through video conferencing. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 21/07/2026
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 applicants who have been arrested in connection with Crime No. 226/2026 registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 191(3), 61(2), 3(5) of BNS and Sections 25 and 27 of the Arms Act.
2. Case of the prosecution, in brief, is that the complainant, Mohd. Naushad, lodged a written report alleging that on 26.05.2026 at about 9:30 P.M., while his son, Mohd. Faizan Ahmad, was taking a walk outside their house, certain unknown persons, acting in furtherance of their common intention, abused him, threatened to kill him, and assaulted him with a sharp-edged weapon, inflicting two injuries on his left thigh before fleeing from the spot. On the basis of the report, an FIR was registered against unknown persons and investigation was undertaken. During investigation, the injured identified the accused persons in an identification proceeding conducted through the Naib Tahsildar. Hence, the bail application.
3.
Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the
3 injuries sustained by the injured is simple in nature. The applicants are in jail since 28.05.2026, the applicants have 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 applicants. 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 applicants allegedly in furtherance of common intention, abused the injured, threatened to kill him, and assaulted him with a sharp-edged weapon, causing two injuries on his left thigh. Furthermore, during investigation, the injured identified the applicants in the identification proceedings, and the weapon allegedly used in the offence was recovered at the instance of applicant No.1, Pintu Sahu. Therefore, the applicants are 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 applicants since 28.05.2026, the fact that though the applicant allegedly in furtherance of their common intention, assaulted the injured with a sharp-edged weapon, causing injuries, and were subsequently identified by the injured during the investigation and weapon allegedly used in the offence was recovered at the instance of
4 applicant No.1, Pintu Sahu, but considering the fact that the injury sustained by the injured is found to be simple in nature and the applicants have no criminal antecedents, the charge-sheet has been filed, this Court is of the view that the applicants are 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 Applicants-Pintu Sahu, Bhupendra Sen, Ajay Yadav @ Rahul and Rahul Vishwakarma, involved in Crime No. 226/2026 registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 191(3), 61(2), 3(5) of BNS and Sections 25 and 27 of the Arms Act, 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 misuse the liberty of bail during trial and in order to secure their presence,
5 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 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 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 them 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