1 CGHC010288242026 2026:CGHC:32934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6928 of 2026 Pyare Lal Markam S/o Gorelal Aged About 29 Years Old R/o Gram Kosmi-D, Police Station Mainpur, District- Gariyaband Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Mainpur, District- Gariyaband Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Anshul Tiwari, Advocate. For Non-applicant/State :Ms. Sameeksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.45/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.31 11:11:06 +0530 2 Station Mainpur, District Gariyaband (C.G.), for the offences under Sections 296, 115(2), 351(3), 109, 121(1), 127(2), 132 and 3(5) of BNS. 2. The prosecution case, in brief, is that on 15.03.2026 at about 7:00 p.m., while the complainant, along with Constables Vimal Lakra and Vinod Manhar, was on village patrolling duty at Village Kosmi (D), they were intercepted near the house of Bhaiyyalal Devwanshi by Bhaiyyalal Devwanshi, Gorelal Devwanshi, Uttam Devwanshi and Golu Devwanshi. The accused persons allegedly abused the police personnel over previous liquor seizure operations, surrounded them, threatened to kill them and assaulted them with fists, kicks, a tangiya and lathis, causing injuries and obstructing the police personnel from discharging their official duties. Based on these allegations, offences as mentioned above were registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further contended that a plain reading of the FIR would reveal that the allegations are general and omnibus in nature, as the prosecution has alleged a collective assault by several persons without attributing any specific overt act, 3 weapon or injury exclusively to the present Applicant. It is submitted that the prosecution case rests solely upon the version of the police personnel, who are themselves the complainants as well as the injured witnesses and the truthfulness of their version can only be tested during trial. It is further submitted that no independent material has been collected to specifically connect the Applicant with the alleged offences and that although the prosecution has alleged the use of deadly weapons, namely tangia, sticks and iron rods, no such weapon has been recovered during investigation. It is also submitted that co-accused Uttam Devvanshi has been granted bail vide order dated 29.07.2026 passed in M.Cr.C No.6873/2026, the Applicant has no criminal antecedents, is in judicial custody since 16.03.2026 and as the trial is likely to take considerable time for its conclusion, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the application. However, she fairly submits that there are no previous criminal antecedents against the present Applicant and charge-sheet has also been filed. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that co-accused Uttam 4 Devvanshi has already been enlarged on bail vide order dated 29.07.2026 passed in M.Cr.C. No.6873/2026, the period of custody of the Applicant since 16.03.2026, the fact that he has no criminal antecedents, the filing of the charge- sheet and considering that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Accordingly, the bail application is allowed. 6. Let Applicant-Pyare Lal Markam involved in Crime No.45/2026 registered at Police Station Mainpur, District Gariyaband (C.G.), for the offence under Sections 296, 115(2), 351(3), 109, 121(1), 127(2), 132 and 3(5) of BNS of BNS 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/s shall file an undertaking to the effect that he/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 applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, 5 the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya