1 CGHC010270672026 2026:CGHC:30923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6502 of 2026 1 - Surendra Sanwara S/o Panchu Sanwara, Aged About 20 Years R/o Ward No. 14, Sanwara Para, Pandariya, Thana And Tahsil Pandariya, District Kabirdham (C.G.) 2 - Nikhil Sanwara S/o Raja Sanwara, Aged About 20 Years R/o Ward No. 14, Sanwara Para, Pandariya, Thana And Tahsil Pandariya, District Kabirdham (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - P. S. - Pandariya, Distt. Kabirdham- (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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. 98/2026 registered at Police Station Pandariya, Distt. Kabirdham (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 126, 324(2), 331(6), 191(3), 117(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant, Lalit Jaiswal, lodged an oral report alleging that on 22.04.2026, while he and his family were returning home after attending a wedding ceremony, the applicants along with other co-accused persons intercepted the vehicle of Bhupendra Jaiswal near the Tahsil Office and assaulted the occupants seated in the rear with hands, fists, and sticks, causing injuries to the complainant's family members. On the basis of the said report, the police registered the FIR and took up the investigation. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that the complainant party consisted of about 12–15 persons, whereas the applicants were only three in number, further the complainant party assaulted the applicants with sticks, hands and fists, and thereafter lodged a false report against them. He also submits that the co-accused has already been granted bail by the trial Court vide order dated 24.06.2026. The applicants are in jail since 3 23.04.2026, applicant No.1 has two criminal antecedents registered at Crime Nos.157/2026 and 158/2026 under the BNS, which are pending and applicant No.2 has one criminal antecedent registered at Crime No.162/2025 under the Excise Act, which is pending, further the 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 along with other co-accused persons, intercepted the vehicle of the complainant's party and assaulted the occupants with hands, fists, and sticks, causing injuries to the complainant's family members. Furthermore, so far as the criminal antecedents of the applicants are concerned, applicant No.1 has two criminal antecedents registered at Crime Nos.157/2026 and 158/2026 under the BNS and applicant No.2 has one criminal antecedent registered at Crime No.162/2025 under the Excise Act, 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 applicants since 23.04.2026, the fact that though the applicants allegedly 4 along with other co-accused persons, intercepted the vehicle of the complainant's party and assaulted the occupants with hands, fists, and sticks, causing injuries to the complainant's family members, but considering the fact that applicant No.1 has only two criminal antecedents registered at Crime Nos.157/2026 and 158/2026 under the BNS, which are pending and applicant No.2 has only one criminal antecedent registered at Crime No.162/2025 under the Excise Act, which is pending, further the charge-sheet has been filed, 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. Let the Applicants-Surendra Sanwara and Nikhil Sanwara, involved in Crime No. 518/2023 registered at Police Station City Kotwali, Durg, District Durg (C.G.) for the offence punishable under Sections 294, 506, 394, 397 of the Indian Penal Code, 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 5 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, 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