1 CGHC010288572026 2026:CGHC:33238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6980 of 2026 Yogi Sonkar S/o Late Ram Sonkar Aged About 26 Years R/o Vindhyawasini Ward, Dhamtari, Tahsil And District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Police Station - City Kotwali, District- Dhamtari, (C.G.) ... Non-Applicant For Applicant : Shri RS Patel, Advocate. For Non-Applicant : Miss Samiksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31/07/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.127/2026 registered at Police Station City Kotwali District Dhamtari (C.G.) for the offence under Sections 115 (2), 191(2), 191(3), 296, 331(6), 351(2) & 117(2) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.01 11:47:51 +0530 2 2. This is the 2nd bail application on behalf of the applicant. The earlier bail application preferred by the applicant has been dismissed as withdrawn with liberty to file afresh taking into account the subsequently added offence, vide order dated 10.7.2026 passed in MCRC No,.5604/2026. 3. The prosecution case, in brief, is that the complainant has lodged a report with the concerned Police Station stating that on the date of the incident i.e. 13/05/2026 at about 10:00 PM, he heard a loud noise in front of his house. Upon stepping outside, he saw Vijay alias Monu Sonkar, Yogi Sonkar, Umesh Sahu, Som Tripathi, Vijay Gaoli, Aman Sonkar, Vikas Nirmalkar, and their other friends arrived together, armed with sticks and iron rods. They wanted to know the whereabouts of Sumit Kasar and Dilip Sonkar. When the complainant replied that they were not at home, the accused began abusing him and assaulted him with sticks and rods. They then barged into the house and assaulted his father Santosh Kasar and his uncle Suraj Kasar, using hands, kicks, fists, iron rods, and sticks. In self- defence, his uncle threw a liquid chemical used for cleaning brass utensils, causing everyone to flee. The assault resulted in serious injuries to the complainant, his father and his uncle. Based on the complainant's report, FIR has been registered. Hence the bail application. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. Co-accused persons have been granted bail by the trial Court. 3 The applicant has 7 criminal antecedents under the IPC and Gambling Act, out of which in 4 cases the applicant has already been acquitted, in 2 cases records were not found and only one case under the Gambling Act is pending against him. The applicant is in jail since 15.5.2026. Therefore, the applicant may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that in the present case, there are 3 injured persons. In the said incident, 2 injured persons have received lacerated wounds whereas the other injured person has received fracture on occipital area of the head and the injuries are grievous in nature. Out of 7 criminal cases, only one case under Gambling Act is pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, applicant has 7 criminal antecedents under the IPC and Gambling Act, out of which in 4 cases the applicant has already been acquitted, in 2 cases records were not found and only one case under the Gambling Act is pending against him, the applicant is in jail since 15.5.2026 and conclusion of trial is 4 likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. 8. Let the Applicant – Yogi Sonkar, involved in Crime No.127/2026 registered at Police Station City Kotwali District Dhamtari (C.G.) for the offence under Sections 115 (2), 191(2), 191(3), 296, 331(6), 351(2) & 117(2) of the BNS, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 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 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve