Extracted from the PDF above. The PDF is authoritative.
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CGHC010268862026
2026:CGHC:32351
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6811 of 2026
1. Keshav Chaudhary @ Fegu S/o Ram Pravesh Chaudhary Aged About 18 Years R/o Pandit Deen Dayal Upadhyay Market Khurseepar Gate Plant Road Bhilai District Durg (C.G.).
2. Nikhil Singh S/o Vimlesh Singh Aged About 25 Years R/o Pandit Deen Dayal Upadhyay Market Khurseepar Gate Plant Road Bhilai District Durg (C.G.).
3. Vipin Shah S/o Shankar Shah Aged About 24 Years R/o Pandit Deen Dayal Upadhyay Market Khurseepar Gate Plant Road Bhilai District Durg (C.G.)
... Applicants versus • State Of Chhattisgarh Through- Station House Officer, P.S.- Chhavani, District- Durg (C.G.)
... Non-applicants For Applicants : Mr. Avinash Chand Sahu, Advocate. For State/Non-applicants : Mr. Soumya Rai, Deputy G.A. For Objector : Ms. Arunima Agasi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 28.07.2026
1. This is the first bail application filed under Section Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 306/2026 registered at Police Station Chhavni, Distt. Durg (C.G.) for the offence punishable under Sections 115(2), 296, Digitally signed by R NIRALA
2 351(3), 109 and 3(5) of BNS, 2023.
2. Case of the prosecution, in brief, is that on 09.05.2026 complainant lodged a report at the concerned police station that on intervening night of 09.05.2026 at about 00:15 am his son was near Mahindra Bar, where a dispute arose between the present applicants and the son of the complainant at some old matter. Thereafter, applicants and their associates started abusing him in a filthy language. When the son of the complainant objected, applicants threatened him to kill and assaulted him with fists, kicks and a sharp knife causing serious injuries on his back, chest and abdomen. On the basis of above information the crime was registered. Hence, the bail application.
3.
Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in crime in question. It is further submitted that though the applicants have assaulted the complainant’s son with hands and fists, but the injured himself found with the knife. He further submits that the injuries sustained by the injured are simple in nature. It is further submits that there is no criminal antecedents registered against the present applicants and they are in jail since 10.05.2026, charge sheet has been filed and the conclusion of the trial is likely to take considerable time, therefore, he prays for releasing the applicants on regular bail.
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 injury sustained by one injured is simple in nature and the injury sustained by the other injured is nosal wound, therefore, the the applicants are not entitled for grant of bail.
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5.
Learned counsel appearing for the objector supports the submission made by the counsel for the State. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly considering the fact that the injuries sustained by the injured persons are simple in nature. Further considering the fact that there is no criminal antecedents registered against the present applicants and they are in jail since 10.05.2026 and charge sheet has already been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application of the applicants is allowed. Let the Applicants – Keshav Chaudhary @ Fegu, Nikhil Singh and Vipin Shah, involved in Crime No. 306/2026 registered at Police Station Chhavni, Distt. Durg (C.G.) for the offence punishable under Sections 115(2), 296, 351(3), 109 and 3(5) of BNS, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of
4 bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. 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 Nirala