Extracted from the PDF above. The PDF is authoritative.
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CGHC010275552026
2026:CGHC:31182
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6431 of 2026 Sagar Rajak S/o Lallan Prasad Rajak Aged About 20 Years R/o Laxmi Narayan Nagar, Village Sankra, P.S. Dharsiwa District - Raipur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Dharsiwa District - Raipur, Chhattisgarh
... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 22.07.2026
1. The applicant has preferred this First Bail Application 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. 177/2026, registered at Police Station – Dharsiwa District - Raipur (C.G.) for the offence punishable under Section 119(1), 118(1), 296, 115(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act.
2. The case of the prosecution, in brief, is that the complainant lodged a report at Police Station Dharsiwa alleging that, on the date of the incident, a dispute arose between the applicant and the complainant on account of previous enmity. During the course of the dispute, the applicant allegedly PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:28 +0530
2 assaulted the injured person, causing an injury to his stomach. Based on the said complaint, the police registered Crime No. 177/2026 against the applicant for the offences punishable under Sections 119(1), 118(1), 296 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and 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. He further submits that, although there was previous enmity between the applicant and the injured person, the applicant neither assaulted the injured nor committed any of the offences alleged by the prosecution. It is further submitted that the injuries sustained by the injured are simple in nature. Learned counsel also submits that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, the applicant has been in judicial custody since 03.04.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that the applicant has one previous criminal antecedent. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the injuries sustained by the injured is simple in nature and further, the applicant has one previous criminal antecedents, the charge-sheet has been filed and he is in jail since 03.04.2026 and conclusion of the trial
3 is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Sagar Rajak, involved in Crime No. 177/2026, registered at Police Station – Dharsiwa District - Raipur (C.G.) for the offence punishable under Section 119(1), 118(1), 296, 115(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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, 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. 4 (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Preeti