1 CGHC010295022026 2026:CGHC:34778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7228 of 2026 Nirmal Pashi S/o Chaitram Pashi, Aged About 44 Years R/o Village Lal Khadan Police Station Torwa District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House O5cer, Police Station Torwa District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. This is the First bail application <led 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. 270/2026 registered at Police Station : Torwa, District - Bilaspur (C.G.) for the o=ence punishable under Sections 109(1), 351(3), 3(5), 115(2) and 296 of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Anay Patle, lodged a report at Police Station Torwa stating that he is a resident of Santan Nagar, Lalkhadan, and is pursuing the B.A. LL.B. course. On 24.05.2026, at about 8:20 p.m., he had gone to Mahmad Market to purchase vegetables. While he was in the market, he saw Govinda Pasi ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.07 16:24:16 +0530 2 of Lalkhadan, Arjun Yadav, and another boy, whom he knew but could not recollect by name. All three were allegedly abusing and quarrelling with a woman over the issue of removing a motorcycle parked in front of a shop cart. When the complainant intervened to pacify them, Govinda Pasi, Arjun Yadav, and their other companion allegedly assaulted him. Thereafter, Govinda Pasi allegedly struck him with the kada (steel bracelet) worn on his hand, causing an injury on the left side of his head, which resulted in bleeding. Thereafter, the complainant informed his brother, Aman Patle, over the phone and proceeded on foot to seek medical treatment. In the meantime, his brother Aman Patle arrived at Mahmad Market in search of him. It is further alleged that Govinda Pasi, Arjun Yadav, and their companion assaulted Aman Patle with a knife with the intention of causing his death. They allegedly stabbed Aman Patle three to four times, causing injuries to his head, chest, and abdomen. He was thereafter admitted to Swastik Hospital for medical treatment. On the basis of the complaint lodged by the complainant, the present crime was registered for the o=ences punishable under Sections 296, 115(2), 351(3), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the present applicant was never involved in the alleged dispute. On the contrary, he was merely trying to pacify and settle the dispute. However, he has been falsely implicated in the present case solely because he is a family member of the principal accused. He submits that the present applicant was never involved in the commission of the alleged o=ence. It is further submitted that the injured persons have already been discharged from the hospital and the injuries sustained by them are stated to be simple in nature. He also submits that as per the prosecution 3 story itself, the principal allegations are against the co-accused, namely, Govinda Pasi and Arjun Pasi, who were allegedly quarrelling with a woman over the issue of removing a motorcycle parked in front of a shop cart. When the injured intervened to pacify them, a sudden altercation ensued between the parties. Thus, it is evident from the prosecution case itself that the present applicant was not involved in the commission of the alleged o=ence. He also submits that the applicant has no criminal antecedents and he is in jail since 27.05.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not yet been filed in the present case. It is further submitted that Govinda Pasi and Arjun Pasi are alleged to have assaulted the injured, whereas no specific overt act of assault has been attributed to the present applicant, who was merely standing near the place of occurrence. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case and the nature of the allegations, it is relevant that the specific allegation of assault is against co-accused Govinda Pasi and Arjun Pasi, and no specific role in the assault has been attributed to the present applicant. The applicant was merely standing near the place of occurrence. The applicant has no criminal antecedents and has been in judicial custody since 27.05.2026. The charge-sheet has not yet been filed and the trial is likely to take some time. Therefore, this Court is of the considered view that the applicant is entitled to be released on bail. 4 7. Let applicant, Nirmal Pashi, involved in Crime No. 270/2026 registered at Police Station : Torwa, District - Bilaspur (C.G.) for the o=ence punishable under Sections 109(1), 351(3), 3(5), 115(2) and 296 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall <le an undertaking to the e=ect that he shall not seek any adjournment on the dates <xed 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 <xed, either personally or through his counsel. In case of his absence, without su5cient 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 <xed 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 <xed 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 5 court absence of the applicant is deliberate or without su5cient 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. O5ce is directed to send a certi<ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek