1 CGHC010241582026 2026:CGHC:32129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6161 of 2026 Nohar Yadav S/o Nand Kumar Yadav Aged About 26 Years R/o Rajeev Nagar, Shiv Para, Near House Of Councilor Bhulan Sahu, P.S. City Kotwali Durg District Durg Chhattisgarh (Details Of Applicant Properly Not Mentioned In The Impugned Order Sheet Which Is Being Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 516/2025, registered at Police Station - City Kotwali, District Durg (C.G) for the offence VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:13 +0530 2 punishable under Sections 115(2), 191(2), 296, 351(3),109 & 3(5) of the BNS. 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 stating that he runs a daily- needs shop near Keju Rice Mill, Shitala Mandir, Durg. On the intervening night of 24.10.2025 at about 01:00 AM, he was standing near Baldau Pan Thela in his locality along with his friends Lokesh Yadav and Sagar Sahu. At that time, Nohar Yadav, Saurabh Sinha, Aman and their associates arrived in a Maruti Suzuki WagonR car, and allegedly started abusing him with filthy language without any provocation. When the complainant objected, they allegedly threatened to kill him and assaulted him with fists, kicks, and Nohar Yadav and Aman Yadav assaulted them with a sharp knife causing serious injuries on his back, chest, and abdomen, and Sagar Sahu sustained a knife injury on his left thigh. On the basis of the said report, Crime No. 516/2025 was registered at P.S. City Kotwali, Durg against co-accused persons for offences under the Sections 296, 115(2), 351(3), 109, 3(5) of the Bharatiya Nyaya Sanhita, and charge-sheet is filed. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that applicant is the sole earning member of his family, and his continued incarceration has caused severe 3 financial hardship to his dependents. The name of the present applicant does not find mention in the FIR. The only article allegedly recovered from his exclusive possession is a bamboo stick. The prosecution case itself reveals that the complainant sustained only simple injuries, and no specific overt act has been attributed to the present applicant except a general allegation that he assaulted the injured with his hands and fists. The grievous injuries on the back, chest, and abdomen of the victim were allegedly caused by a sharp-edged weapon (knife) used by the co-accused persons, namely Nohar Yadav and Aman Yadav, and no such allegation is levelled against the present applicant. It is further submitted that similarly placed co-accused persons, namely Dhiraj Nirmalkar and Rahul Yadav, have already been enlarged on bail by this Hon'ble High Court in MCRC No. 1361 of 2026 and MCRC No. 3850 of 2026 vide orders dated 23.03.2026 and 28.04.2026, respectively, and therefore the present applicant is entitled to the benefit of parity. The charge-sheet has already been filed, the trial is likely to take considerable time to conclude, and the applicant has been in judicial custody since 25.10.2025, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that the present applicant has as many as seven criminal antecedents, namely, Crime No. 4 517/2019 registered under Sections 341, 294, 506, 323 and 34 of the IPC; Crime No. 686/2021 registered under Sections 294, 327, 506, 323, 324 and 34 of the IPC; Crime No. 680/2022 registered under Sections 294, 506, 323 and 34 of the IPC; Crime No. 732/2022 registered under Sections 294, 506, 323 and 34 of the IPC; Crime No. 1383/2022 registered under Sections 307, 427 and 34 of the IPC; Crime No.412/2023 registered under Sections 341, 294, 506 and 307 of the IPC along with Sections 25 and 27 of the Arms Act; and Crime No. 50/2025 registered under Sections 296 and 351(1) of the Bharatiya Nyaya Sanhita, along with Sections 25 and 27 of the Arms Act. It is contended that the aforesaid criminal antecedents clearly establish that the applicant is a habitual offender having a tendency to indulge in criminal activities. It is further submitted that if the applicant is released on bail, there is every likelihood of his repeating similar offences and adversely affecting public peace and order. Therefore, considering the gravity of the allegations, the criminal antecedents of the applicant and the likelihood of misuse of liberty, the applicant is not entitled to the discretionary relief of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and also considering that the applicant has not disclosed his seven criminal antecedents before this Court, it appears that he has 5 suppressed a material fact. The criminal antecedents of the applicant show that he is a habitual offender. Further, the Hon'ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, has held that the criminal antecedents of an accused are an important factor while considering a bail application. Therefore, in view of the applicant's criminal history and suppression of material facts, this Court is of the opinion that it is not a fit case to grant regular bail to the applicant. Accordingly, the bail application deserves to be rejected. 7. Accordingly, the bail application of the applicant – Nohar Yadav, involved in Crime No. 516/2025, registered at Police Station - City Kotwali, District Durg (C.G) for the offence punishable under Sections 115(2), 191(2), 296, 351(3),109 & 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav