1 CGHC010266282026 2026:CGHC:32982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6664 of 2026 Rajpal Giri Son Of Sarve Giri Goshwami, Aged About 25 Years Resident Of Village Kurma, Police Station Baloda, District Janjgir - Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Balouda, District Janjgir- Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. N.K. Chatterjee, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 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. 226/2026 registered at Police Station Balouda, District - Janjgir-Champa, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), and 119(1) of the Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that on the basis of a report lodged by the complainant, Mukesh Giri Goswami, on 17.05.2026 at Police Station Baloda, the present crime came to be registered. It RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 is alleged that on 17.05.2026 at about 07:00 PM, when the complainant was returning along with his cousin Rajpal Giri after collecting money from his proprietor and had reached near Village Korma, the present applicant demanded Rs.100/- from him for purchasing liquor. When the complainant refused to give the said amount, the applicant allegedly became enraged, started abusing him in filthy language and assaulted him, causing injuries near his left eye, head and left hand, resulting in bleeding injuries. It is further alleged that when the complainant’s elder brother intervened and attempted to pacify the situation, the applicant assaulted him as well with a stick, causing injuries. On the basis of the said allegations, Crime No. 226/2026 was registered against the applicant for offences punishable under Sections 351(3), 115(2) and 119(1) of the Bharatiya Nyaya Sanhita, 2023. During investigation, the injured persons were medically examined, their statements were recorded and, after completion of investigation, charge-sheet was filed before the competent Court, where the case has been registered as Criminal Case No. 1309/2026. Hence, the present bail application has been preferred before this Hon’ble Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that the allegations levelled against him are false and fabricated, with his arrest having been made solely on the basis of the complaint lodged by the complainant. It is further submitted that the applicant did not commit the alleged assault and has no role in the 3 commission of the alleged offence, and that the injury sustained by the injured is simple in nature with no internal injury, indicating that the incident is not of serious gravity. It is also submitted that although the applicant has criminal antecedents, the same have been duly explained, as out of eight antecedents, three criminal cases under the provisions of the BNS have already been amicably settled between the parties and disposed of by the Lok Adalat vide orders dated 09.05.2026 passed in Criminal Case Nos. 1148/2025, 1136/2025 and 1983/2025, copies of which are filed as ANNEXURE A/3, while the remaining five antecedents are preventive proceedings (Istgasa cases), out of which Istgasa Nos. 166/2024, 262/2023 and 142/2025 under Sections 107 and 116(3) Cr.P.C. have already been dropped and only Istgasa No. 04/2026 under Section 119(2) of the BNS is pending. He also submits that the present applicant is in jail since 18.05.2026, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that there are specific allegations against the applicant of having assaulted the complainant and the other injured persons, resulting in injuries to them. It is further submitted that the statements of the injured witnesses and other prosecution witnesses duly support the prosecution case and sufficient material has been collected during 4 investigation connecting the applicant with the alleged offence. She further submits that the applicant is a habitual offender having as many as eight criminal antecedents to his credit. Although three criminal cases were disposed of on the basis of compromise before the Lok Adalat and some preventive proceedings have been dropped, the antecedents nevertheless reflect the applicant’s repeated involvement in criminal and preventive proceedings. Considering the nature of allegations, the criminal antecedents of the applicant and the likelihood of his influencing witnesses or disturbing public peace if released on bail, it is prayed that 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. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the medical evidence available on record, which reveals that the injured persons sustained only simple injuries, there is no material indicating any internal injury, and the MLC report does not specify the nature of the injuries as grievous. Moreover, no X-ray report or other diagnostic report has been produced by the prosecution to substantiate the existence of any fracture or serious bodily injury. This Court further takes note of the criminal antecedents attributed to the applicant; however, out of the total eight antecedents, three criminal cases have already been amicably settled between the parties and were disposed of by the Lok Adalat on the basis of compromise, whereas 5 the remaining antecedents pertain to preventive proceedings (Istgasa cases), most of which have already been dropped and only one such proceeding is stated to be pending and further the applicant is in jail since 18.05.2026 and charge-sheet has been filed in the present case, Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Rajpal Giri, involved in Crime No. 226/2026 registered at Police Station Balouda, District - Janjgir-Champa, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), and 119(1) of the Bharatiya Nyaya Sanhita, 2023, 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. 6 (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. 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 Rahul Dewangan