1 2026:CGHC:7638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 584 of 2026 Anuj Markam @ Jay Kumar Markam S/o Sheru Markam Aged About 18 Years At - Sikolabhatha, Police Station Mohan Nagar, District Durg, C.G. ... Applicant(s) versus State Of Chhattisgarh Through P/s Mohan Nagar, District Durg, C.G. ... Respondent(s) For Applicant(s) : Mr. Vinay Nagdev, Advocate appeared through video conferencing. For Respondent(s) : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 122/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 296, 351(3), 109(1), 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 29.03.2025, complainant Harpreet Singh lodged a report stating that on 28.03.2025, over a petty dispute, the applicant abused and intimidated his brother Preetpal Singh and one Sunny Thakur and thereafter allegedly assaulted them with a knife. On the basis of the said complaint, FIR bearing Crime No. 122/2025 was registered against the applicant under Sections 296, 351(3), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita. During the course of investigation, the memorandum of the applicant was recorded and, at his instance, a knife was recovered, pursuant to which offences under Sections 25 and 27 of the Arms Act were also added. After completion of investigation, the charge-sheet has been filed before the competent Court, and the applicant has been in custody since 03.04.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the applicant is said to have been assaulted the two injured persons with a sharp edged weapon i.e. knife, but the injuries sustained by the said injured persons are simple in nature. The applicant is in jail since 03.04.2025, the applicant has no criminal antecedent, 3 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 applicant. 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 allegation against the applicant is that, over a petty dispute, he abused and intimidated the complainant’s brother and another person and thereafter assaulted them with a knife, due to which, the injured persons sustained injuries on their persons. Furthermore recovery of knife has been made at the applicant’s instance on the basis of his memorandum statement. 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 applicant since 03.04.2025, the fact that though the applicant is alleged to have assaulted the two injured persons with a knife over a petty dispute, but considering the fact that as per query report, the injuries sustained by the injured persons are found to be simple in nature and in MLC, nature of injury has not been specified, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the 4 applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Anuj Markam @ Jay Kumar Markam, involved in Crime No. 122/2025 registered at Police Station Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 296, 351(3), 109(1), 3(5) of BNS 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. 5 (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. 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