1 CGHC010280952026 2026:CGHC:31481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6587 of 2026 1 - Shubham Mahanand S/o Bidur Mahanand Aged About 23 Years R/o Atal Awas Block- No.16, House No.12 P.S. Kabir Nagar, District- Raipur Chhattisgarh 2 - Sonu Sahu S/o Bharat @Rajesh Aged About 28 Years R/o Sondongri B S U P Colony House No 24 House No.12 P.S. Kabir Nagar, District- Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Kabir Nagar, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicants who have been arrested in connection with Crime No. 61/2026 registered at Police Station Kabir Nagar, District- Raipur (C.G.) for the offence punishable under Sections 109, 3(5) of BNS and Sections 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 04.03.2026, at about 1:30 P.M., during Holi celebrations at Shiv Shakti Colony, Sondongri, the complainant, Romit @ Rohit Yadu, along with his friends, was allegedly assaulted by the accused persons following an altercation over the application of colours. It is alleged that co- accused Hemchand assaulted the complainant with a bamboo stick, Sonu Sahu assaulted him with fists, and the applicant, Shubham Mahanand, attacked him with a button-operated knife with the intention to kill, causing a grievous injury to his abdomen. When the complainant's friends intervened, the said applicant allegedly inflicted a knife injury on Nitesh Devangan, while Anand Singh also sustained injuries during the incident. On the basis of the complaint, Crime No. 61/2026 was registered for offences under Section 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita and Sections 25 and 27 of the Arms Act. During investigation, the knife allegedly used in the offence was recovered at the instance of the applicant, Shubham Mahanand and the bamboo stick was recovered from the co-accused. The medical and query reports indicate that the victims sustained injuries, including grievous injuries to the complainant, and opine 3 that the injuries could have been caused by the seized weapons and were potentially fatal in nature. After completion of investigation, the charge-sheet was filed before the competent Court. 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 applicants submit that they have been falsely implicated in the present case on account of previous enmity with the injured persons. It is contended that they neither assaulted the injured nor committed any of the alleged offences, and that the allegations against them are baseless and motivated. He also submits that no reliable material has been collected to substantiate the allegations against the applicants. According to them, there is no independent eyewitness to the alleged incident, and the prosecution case rests only on circumstantial evidence, which is insufficient to establish their involvement in the alleged offence. The applicants are in jail since 11.03.2026, the applicants have no criminal antecedents, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further 4 submits that applicant No.1, Shubham Mahanand allegedly assaulted the complainant, Romit @ Rohit Yadu, with a button- operated knife with the intention to kill, causing a grievous injury to his abdomen, and also inflicted a knife injury on Nitesh Devangan when he intervened, while applicant No.2, Sonu Sahu allegedly assaulted the complainant with fists in furtherance of the common intention shared with the co-accused. She also submits that the knife used in the offence was recovered at the instance of applicant No.1, Shubham Mahanand during the investigation, 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 11.13.2026 and the fact that both the applicants have no criminal antecedents, further considering the fact that it was applicant No.1, Shubham Mahanand, who allegedly assaulted the complainant, Romit @ Rohit Yadu, with a button-operated knife with the intention to kill, causing a grievous injury to his abdomen, and also inflicted a knife injury on Nitesh Devangan when he intervened. Moreover, the knife used in the offence was recovered at the instance of applicant No.1, Shubham Mahanand, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the 5 applicant, Shubham Mahanand on regular bail. 7. Accordingly, the bail application of applicant No.1- Shubham Mahanand, involved in Crime No. 61/2026 registered at Police Station Kabir Nagar, District- Raipur (C.G.) for the offence punishable under Sections 109, 3(5) of BNS and Sections 25, 27 of the Arms Act, is rejected. 8. Whereas the fact that charge-sheet has been filed in the present case and the allegation against the applicant No.2, Sonu Sahu, is that he assaulted the complainant/injured with fists, whereas the grievous knife injury sustained by the injured is specifically attributed to the applicant No.1 Shubham Mahanand, further the applicant, Sonu Sahu has no criminal antecedent and is in jail since 11.03.2026, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant No.2, Sonu Sahu is entitled to be released on bail in this case. 9. Let the applicant No.2-Sonu Sahu, involved in Crime No. 61/2026 registered at Police Station Kabir Nagar, District- Raipur (C.G.) for the offence punishable under Sections 109, 3(5) of BNS and Sections 25, 27 of the 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 6 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. 10. 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