1 CGHC010287622026 2026:CGHC:32641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6873 of 2026 Uttam Devvanshi S/o Gorelal Aged About 29 Years 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, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 1. The applicant has preferred this First 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 Station – Mainpur, District – Gariyaband (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 121(1), 127(2), 132 and 3(5) of the BNS. 2. The case of the prosecution, is that Police officers Parmeshwar Netam of Police Camp Darripara lodged a written report alleging that on 15.03.2026 at about 7:00 P.M., the informant, along with police staff namely Vimal Lakra, Vinod Manhar and other staff members, had proceeded to Village Kosmi (D) on a routine village visit. After reaching the village, they allegedly collected information regarding the village by making enquiries from one Narendra @ Balma Nirmalkar. Thereafter, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 while proceeding on the unpaved road near the house of Bhaiya Lal Devvanshi, they allegedly noticed Bhaiya Lal Devvanshi, Gorelal Devvanshi, Uttam Devvanshi and Golu Devvanshi standing there. It is alleged that upon noticing the police, the aforesaid persons started referring to an earlier seizure of illicit liquor and allegedly stated that the police personnel frequently visited their village and seized liquor. According to the FIR, all four persons thereafter surrounded the police personnel from all sides, abused them in filthy language, criminally intimidated them by threatening to kill them, and allegedly assaulted them with fists as well as weapons such as tangia, sticks and iron rods. The prosecution has further alleged that the accused persons obstructed The police personnel in the discharge of their official duties and assaulted them with deadly weapons with an intention to cause their death, resulting in injuries to the police personnel. On the basis of the aforesaid allegations, the present crime came to be registered against the applicant and other co-accused persons. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that the applicant along with the co-accused who are relatives of the applicant are said to have assaulted the Police personnel with Tangi and Bat, and the two Police personnel have received injuries on their person and it is stated that the injuries sustained to them are not on the vital part of the body. The applicant is in jail since 16.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for 3 grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the motive of the applicant and the co- accused behind the said incident of being indulged on illegal sale of liquor, though there is not criminal antecedents of the applicant under the Excise Act, but when the injured Police personnel used to intercept the applicants and co-accused in the sale of illegal liquor, the applicant along with the co-accused assaulted two Police personnel with Tangi, Axe and Bat, and they have suffered lacerated wound and intrusion wound on their person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Having heard learned counsel for the parties and having considered the rival submissions, by perusing the case diary it is not in dispute that the investigation has been completed and the charge-sheet has already been filed. Although the prosecution has alleged that the applicant, along with the co-accused, who are his relatives, assaulted two Police personnel with Tangi, Axe and Bat while the Police personnel were intercepting them from allegedly indulging in the illegal sale of liquor, and that the injured Police personnel sustained lacerated and incised wounds, but there is no criminal antecedent of the applicant under the Excise Act, and furthermore considering the fact that the injuries sustained by the injured Police personnel are not on the vital parts of the body, the applicant is in jail since 16.03.2026 and 4 conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Uttam Devvanshi, involved in Crime No. 45/2026, registered at Police Station – Mainpur, District – Gariyaband (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 121(1), 127(2), 132 and 3(5) of the 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 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. (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. 5 8. 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 Rajshekhar