1 2026:CGHC:12474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2449 of 2026 Sujal Mongare S/o Late Shri Vikkey Kumar Mongre Aged About 18 Years R/o. New Bus Stand, Indira Awas Dongargaon, Police Station And Tahsil- Dongargaon, Distrct- Rajnandgaon (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, P.S.- Dongargaon, Distt.- Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Patel, Advocate. For Respondent(s) : Ms. Palak Dwivedi, P.L. For Objector(s) : Mr. P.R. Patankar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/03/2026 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. 363/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Dongargaon, Distt.- Rajnandgaon (C.G.) for the offence punishable under Sections 296, 115(2), 191(2), 49, 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 21.11.2025 at about 17:53 hours, a written complaint was lodged by Yogesh Kumar Dewangan stating that on 20.11.2025 at around 8:30 P.M., the present applicant along with other co-accused persons assaulted his guests near Gautam Hotel with a rod and a wooden stick (Balli). It is alleged that the guests had gone there to have betel (pan), and during that time the complainant questioned Bhanu Yadav regarding an earlier incident where his son had slapped him during Ganesh Puja. Upon this, Rahul Yadav and other accused persons became enraged and assaulted the guests, causing injuries. It is further alleged that Surendra Navle sustained injuries on his left hand and head, while other injured persons also suffered grievous injuries. On the basis of the said complaint, the aforesaid offences were registered against the applicant and after completion of investigation, the charge-sheet has been filed. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and they have been falsely implicated in offence in question. He further submits that cross-reports in respect of the same incident have been lodged by both the parties, and the dispute between them has already been amicably 3 settled. The applicant is in jail since 10.12.2025, the applicant has four criminal antecedents, out of which, two are of the year 2024 under the IPC and two are of the year 2025 under the BNS and Arms Act, which are pending, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, counsel for the applicant prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that allegedly the present applicant in collusion with other co-accused persons assaulted the guests of the complainant near Gautam Hotel with a rod and a wooden stick (Balli), due to which the injured, namely, Surendra Navle sustained injuries. Furthermore, the applicant has four criminal antecedents, out of which, two are of the year 2024 under the IPC and two are of the year 2025 under the BNS and Arms Act. Therefore, the applicant is not entitled for grant of bail. 5. Learned counsel for the objector submits that he has no objection, if the present applicant is granted bail. He further submits that the complainant party has already been granted bail in the FIR lodged from the side of the present applicant against them. 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, 4 nature and gravity of offence, period of detention of the applicant since 10.12.2025, the fact that though the applicant allegedly in collusion with other co-accused persons assaulted the complainant and others with a rod and a wooden stick (Balli) and is having four criminal antecedents, out of which, two are of the year 2024 under the IPC and two are of the year 2025 under the BNS and Arms Act, which are pending, but considering the fact that the parties have amicably settled their dispute and the charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Sujal Mongare, involved in Crime No. 363/2025 registered at Police Station Dongargaon, Distt.- Rajnandgaon (C.G.) for the offence punishable under Sections 296, 115(2), 191(2), 49, 109 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 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 5 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil