1 CGHC010302992026 2026:CGHC:37624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7185 of 2026 1 - Deva Kunde S/o Late Bhagwati Kunde Aged About 35 Years 2 - Bhuneshwar @ Bhola Kunde S/o Late Bhagwati Kunde Aged About 36 Years 3 - Shubham Kunde S/o Khilawan Kunde Aged About 21 Years 4 - Karan Kunde S/o Banshi Kunde Aged About 24 Years All R/o Siddharth Nagar, Shanichari Bazar Durg, Police Station, Tahsil And District- Durg, C.G. Applicant (s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Kotwali, Durg, District- Durg, C.G. Respondent(s) For Applicant (s) : Mr. Shikhar Sharma, Advocate For Respondent(s) : Mr. Sourabh Sahu, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. Heard on IA No.1/2026, application for amendment/correction in the memo of bail application. Digitally signed by R NIRALA 2 2. Learned counsel for the applicant submits that initially Section 118 (2) of BNS was not registered against the applicants but subsequently the said offence was added in the charge sheet and the said offence is not mentioned in the bail rejection order of the learned Trial. Therefore, the application be allowed. 3. Since the applicants have not been granted bail by the learned Trial Court for the aforesaid offence under Section 118 (2) of BNS, as it was subsequently added in the charge sheet, but the same has not come in the order sheet of the learned Trial Court, therefore, the application of the applicants (IA No.1/2026) is rejected, leaving it open to the applicants to move an appropriate application before the learned Trial Court for grant of bail in the offence under Section 118 (2) of BNS. 4. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.293/2026, registered at Police Station Kotwali, District Durg (C.G.) for the offence punishable under Sections 296, 115 (2), 351 (3), 118 (1) & 3 (5) of BNS. 5. The case of the prosecution, in brief, is that the complainant Suresh Parihar lodged a complaint to the police station concerned on 06.06.2026 alleging therein that at about 9.30 PM, on 05-06-2026, the applicant No.1 & 2 along with other persons committed Marpeet with Arman and others and when he was taken to the Hospital, those persons again committed marpeet, 3 because of which the offences got registered against the present applicant and other accused persons and they are arrested. 6. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in crime in question. He further submitted that dispute arose between the parties as a result of street fight and counter FIRs were also registered against each other. He further submitted that applicants are in jail since 07.06.2026, charge sheet has been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that applicants be also released on regular bail. 7. On the other hand, learned State counsel opposes the bail application of the applicants and submits that the applicants have assaulted the complainant party as such they received grievous hurt and there are other various criminal antecedents against the applicants, as such they are habitual offender and therefore they are not entitled to be released on bail. 8. I have heard learned counsel for the parties and perused all the documents available on record. 9. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that criminal antecedents against the applicants are old and stale and in most of the criminal antecedents, they have been acquitted, the applicants are in jail since 07.06.2026, charge sheet has been filed and conclusion of the trial is likely to take some time, 4 therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 10. Accordingly, the instant bail application of the applicants is allowed. 11. Let the Applicants – Deva Kunde, Bhuneshwar @ Bhola, Shubham Kunde and Karan Kunde, involved in Crime No.293/2026, registered at Police Station Kotwali, District Durg (C.G.) for the offence punishable under Sections 296, 115 (2), 351 (3), 118 (1) & 3 (5) of BNS, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- “(i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued 5 and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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.” 12. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala