1 CGHC010231562026 2026:CGHC:31264 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5541 of 2026 Nukesh Yadav @ Rama S/o Late Shri Dashrath Yadav Aged About 22 Years R/o Village Aari, Police Station And Tahsil Dongargaon, District Rajnandgaon, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Khilendra Sahu, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 49/2026, registered at Police Station – Dongargaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 115(2), 126, 109, 119(1), 119(2) & 3(5) of the BNS, 2023 and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.23 11:03:26 +0530 2 2. The prosecution case, in brief, is that on 13.02.2026, the complainant Tuleshwari Sahu lodged a report before the police Station Dongargaon, stating that she was employed at Sanjeevani Medical Stores, Village Arjuni. On the said date, she received information on her mobile phone that two persons had assaulted her brother Hemant Sahu with a knife and that he was being taken to Dongargaon Hospital for treatment. Upon reaching the hospital, she inquired about the incident from her injured brother. The injured Hemant Sahu informed her that while he was going on his motorcycle near the High School at Village Arjuni, the co-accused Akash Thakur and the present applicant Nukesh Yadav alias Rama stopped him. It was alleged that applicant and co-accused demanded a sum of Rs.2,000/- from him for consuming liquor and threatened to kill him if he failed to pay the amount. When he refused their demand, they allegedly abused him in filthy language and assaulted him with a knife, causing injuries on his thigh and near his left shoulder. On the basis of the said complaint, a Dehati Nalishi was recorded at the spot and, thereafter, Crime No. 49/2026 was registered at Police Station/Outpost Dongargaon for offences punishable under Sections 109(1), 115(2), 119(2), 126, 296 and 3(5) of the Bharatiya Nyaya Sanhita, along with Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has been implicated solely on the basis of the allegations made by the injured, and the truthfulness of the prosecution case can only be determined during the course of 3 trial. The alleged recovery of the knife is doubtful and is stated to have been falsely planted upon the applicant. It is further submitted that, according to the prosecution itself, the alleged incident took place on a public road near the High School at Village Arjuni, a place frequented by members of the public, yet no independent witness has been cited or examined, and the prosecution case rests entirely on the statements of interested witnesses, which casts serious doubt on the fairness of the investigation. The investigation has already been completed, the charge-sheet has been filed, and no further custodial interrogation of the applicant is required. The applicant has remained in judicial custody since 14.02.2026, therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 14.02.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Nukesh Yadav @ Rama, involved in Crime No. 4 49/2026, registered at Police Station – Dongargaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 115(2), 126, 109, 119(1), 119(2) & 3(5) of the BNS, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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, 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav