1 CGHC010232282026 2026:CGHC:32130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5573 of 2026 Saurabh Sinha S/o Shri Mochan Lal Sinha Aged About 28 Years R/o Rajiv Nagar, Shiv Para, Near The House Of Councilor Bhulan Sahu, City Kotwali, P.S. Durg, Distt. Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Durg, Distt. Durg, Chhattisgarh. ... Respondent For Applicant : Ms. Ankita Goswami, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 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.516/2025 registered at Police Station – City Kotwali, Durg District - Durg (C.G.) for the offences punishable under Sections 296, 351(3), 109, 191(2), 115(2) & 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:15 +0530 2 2. The prosecution case in brief, is that, on 24.10.2025, the complainant Neeraj Sahu lodged a report at Police Station City Kotwali, Durg, District Durg, stating that he runs a daily needs shop near Keju Rice Mill, Shitala Mandir, Durg. It is alleged that on the intervening night of 24.10.2025 at about 01.00 AM, while the complainant was standing near Baldau Pan Thela along with his friend Lokesh Yadav and Sagar Sahu, the co-accused persons namely Nohar Yadav, Dhiraj Nirmalkar, Rahul Yadav, Aman Yadav and their associates, arrived in a Maruti Suzuki Wagon Car and without any provocation, started abusing them in filthy language. Upon objection being raised, the accused persons allegedly threatened the complainant with dire consequences and proceeded to assault him with fists and kicks. It is further alleged that co-accused persons namely Nohar Yadav and Aman Yadav inflicted injuries upon the complainant with a sharp edged weapon (Knife), causingserious injuries on his back, chest and abdomen, and also caused a knife injury to Sagar Sahu on his left thigh. On the basis of the aforesaid report, Crime No. 516/2025 has been registered at Police Station City Kotwali, Durg for offences punishable Under Sections 296, 115(2), 351(3), 109 and 3(5) of the Bharatiya Nyay Sanhita, and after completion of investigation, charge sheet has already been filed against the co-accused persons. Hence the present bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is contended that the incident arose on account of a previous enmity and a trivial dispute between the parties, and that the complainant party was, in fact, the aggressor. It is further submitted that the applicant neither 3 assaulted the injured person nor played any role in the alleged incident. Learned counsel submits that the injuries sustained by the injured are simple in nature and not grievous, and that the applicant has been implicated merely on suspicion without any cogent material. It is further submitted that the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time. Learned counsel also submits that similarly placed co-accused persons, namely Dhiraj Nirmalkar and Rahul Yadav, have already been enlarged on bail by this Hon'ble Court in M.Cr.C. No. 1361/2026 and M.Cr.C. No. 3850/2026, respectively, while the bail application of co-accused Pradeep Thakur is pending consideration. Therefore, on the ground of parity, the present applicant is also entitled to the benefit of bail. It is lastly submitted that the applicant has been in judicial custody since 25.10.2025, therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. It is further submitted that the applicant has five criminal antecedentss, therefore, he is not entitled to the 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, o-accused persons, namely Dhiraj Nirmalkar and Rahul Yadav, have already been enlarged on bail by this Hon'ble Court in M.Cr.C. No. 1361/2026 and M.Cr.C. No. 4 3850/2026, respectively, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 25.10.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Saurabh Sinha, involved in Crime No.516/2025 registered at Police Station – City Kotwali, Durg District - Durg (C.G.) for the offences punishable under Sections 296, 351(3), 109, 191(2), 115(2) & 3(5) of the BNS 2023, be released on bail on furnishing 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 her 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 her, 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 5 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