1 CGHC010296682026 2026:CGHC:34198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7107 of 2026 Hemchand Banjare @ Bholu S/o Manohar Das Banjare, Aged About 22 Years, R/o Ward No. 02, Bhuiya Talab Above The Kenal Road, Thana Kabir Nagar, District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Kabir Nagar District - Raipur Chhattisgarh ... Non-applicant For Applicant : Ms. Smita Jha, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 61/2026, registered at Police Station – Kabir Nagar District - Raipur (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, in brief, is that on 04.03.2026, at about 1:30 p.m., during the Holi celebrations at Shiv Shakti Colony, Sondongri, the complainant, Romit @ Rohit Yadu, along with his friends, was allegedly assaulted by the accused persons following an altercation over the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.06 14:35:23 +0530 2 application of colours. It is alleged that the present applicant caught hold of the complainant's hand, abused him, and assaulted him with a piece of bamboo. Co-accused Sonu Sahu allegedly assaulted the complainant with fists, while Shubham Mahanand attacked him with a button-operated knife with the intention to kill, causing a grievous injury to his abdomen. When the complainant's friends intervened, the said applicant allegedly inflicted a knife injury on Nitesh Devangan, and Anand Singh also sustained injuries during the incident. On the basis of the complaint, Crime No. 61/2026 was registered for the offences punishable under Section 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. During the course of investigation, the knife allegedly used in the commission of the offence was recovered at the instance of Shubham Mahanand, and the bamboo stick was recovered from the co-accused, Shubham. The medical and query reports indicate that the victims sustained multiple injuries, including grievous injuries to the complainant, and opine that the injuries could have been caused by the seized weapons and were potentially fatal in nature. After completion of the investigation, the charge-sheet was filed before the competent Court. Hence, the present bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co-accused person, namely Sonu Sahu has been granted bail by this Court vide order dated 23.07.2026 passed in MCRC No. 6587/2026. Further, the applicant is in jail since 04.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that the co-accused person has already been granted bail by this Court. He further submits that the bail application of one of the co-accused, namely, Shubham Mahanand, who allegedly assaulted the injured with a button-operated knife, has already been rejected by this Court vide order dated 23.07.2026 passed in MCRC No. 6587 of 2026. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and co-accused person, namely Sonu Sahu has been granted bail by this Court vide order dated 23.07.2026 passed in MCRC No. 6587/2026, and the bail application of one of the co-accused, namely, Shubham Mahanand, who allegedly assaulted the injured with a button-operated knife, has already been rejected by this Court vide order dated 23.07.2026 passed in MCRC No. 6587 of 2026, further the applicant is in jail since 04.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let applicant, Hemchand Banjare @ Bholu, involved in Crime No. 61/2026, registered at Police Station – Kabir Nagar District - Raipur (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a 4 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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-- (Ramesh Sinha) Chief Justice Preeti