1 CGHC010276902026 2026:CGHC:36846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6516 of 2026 1 - Mahesh Gupta S/o Budhdev Gupta Aged About 28 Years R/o Village - Jamira Path, P.S. - Samripath, District Balrampur - Ramanujganj, Chhattisgarh 2 - Budhdev Gupta S/o Ramyaad Gupta Aged About 55 Years R/o Village - Jamira Path, P.S. - Samripath, District Balrampur - Ramanujganj, Chhattisgarh ...Applicants versus State Of Chhattisgarh Through - S.H.O. P.S. - Kusmi, District Balrampur - Ramanujganj, Chhattisgarh. ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 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 applicants who have been arrested in connection with Crime No. 23/2026 registered at Police Station – Kusmi, District Balrampur – Ramanujganj (C.G.) for the offence punishable under Sections 296, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 15:08:27 +0530 2 115(2), 351(2), 118(1),109(1) & 3(5) of the BNS. 2. Case of the prosecution in brief, is that the complainant filed written report alleging that on 06.03.2026, at about 03:15 PM, an altercation took place due to parking of vehicle and accused were tried to assaulted to him by knife then complainant sit in his vehicle but accused were snatched him from vehicle and assaulted by hand and fist. On the basis of the said FIR has been registered against applicant/accused for the offence under Section 296, 115 (2), 351 (2), 18 (1), 3 (5) of B.N.S and later on 109 (1) of B.N.S has been added and charge sheet has been filed. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the incident arose out of an altercation between the co- accused and the complainant, wherein the complainant was the aggressor and assaulted the co-accused, and the injuries caused to the complainant were sustained in self-defence. It is further submitted that the applicant had also lodged an FIR against the complainant for offences under Sections 296, 115(2), 351(2) and 3(5) of the BNS, registered as Crime No. 24/2026 at Police Station Kusmi, and no grievous injury was caused to the complainant. Learned counsel further submits that applicant No. 2, Budhdev Gupta, was not present at the time of the incident and had no involvement in the alleged offence, which is also apparent from the complainant's written report, wherein his name was not mentioned; the applicants were initially released on a check list and were subsequently arrested after addition of Section 109(1) of the BNS. It is further submitted that applicant No. 3 1 is aged about 28 years and applicant No. 2 is aged about 55 years, both are responsible for maintaining their families, and have been in custody since 22.06.2026. The charge-sheet has already been filed, the offence is triable by the Sessions Court, and the trial is likely to take considerable time. Therefore, considering the period of detention and the circumstances of the case, the applicants may kindly be enlarged on bail. On these grounds, learned counsel for the applicant prays for grant of regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, and the fact that the specific allegation of assault is against co-accused Akhilesh Gupta, whereas no specific overt act of assault has been attributed to the present applicants, and further considering that the applicants have no criminal antecedents and have been in judicial custody since 22.06.2026, this Court is of the considered view that the case of the present applicants are distinguishable from that of co-accused Akhilesh Gupta. The charge- sheet has already been filed and the trial is likely to take considerable time. Therefore, the applicants are entitled to be released on bail. 7. Let applicants, Mahesh Gupta & Budhdev Gupta involved in Crime No. 23/2026 registered at Police Station – Kusmi, District Balrampur – Ramanujganj (C.G.) for the offence punishable under Sections 296, 4 115(2), 351(2), 118(1),109(1) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties each 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 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 applicants 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 applicants 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 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 them in accordance with law. 8. 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 vaibhav