1 CGHC010317042026 2026:CGHC:36904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7656 of 2026 1 - Farid Ali @ Babe S/o Imdad Ali Aged About 27 Years R/o Village Kandarka, Police Station Kumhari, District Durg (C.G.) (As Per Challan) 2 - Digeshwar Sahu @ Bant S/o Shri Ishwari Sahu Aged About 22 Years R/o Village Kandarka, Police Station Kumhari, District Durg (C.G.) (As Per Challan) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kumhari, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2026 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 applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 128/2026 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 109(1), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 24.04.2026 at about 7:30 PM, the victim, Chandraprakash Tiwari, was present near Chakradhari Traders on the main road at Village Kandarka. The applicants/accused, Farid Ali @ Babe and Digeswar Sahu @ Bant, came there and quarrelled with him over his informing the Gram Panchayat and villagers about the damage caused to a public tap. They allegedly threatened to kill him. Digeswar Sahu caught hold of the victim, while Farid Ali allegedly assaulted him repeatedly with a knife on his chest, abdomen, back, head and hand, causing grievous injuries. The incident was allegedly witnessed by Bhupendra Dhivar, Mahendra Pal and Liladhar Dhivar, who intervened. The injured was taken to AIIMS, Raipur, where his MLC recorded the injuries as grievous in nature and caused by a sharp weapon. On the basis of his report, Crime No. 128/2026 was registered at Police Station Kumhari under Sections 109(1) and 3(5) of the BNS. Both accused were arrested on 25.04.2026, and after completion of investigation, the charge-sheet was filed on 22.07.2026. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the specific role of assaulting the injured with a knife has been attributed to applicant No.1, Farid Ali, who allegedly caused grievous injuries on the chest, 3 abdomen, back, head and hand of the injured, whereas applicant No.2, Digeswar Sahu, is alleged only to have caught hold of the injured and no specific overt act of assault with the knife has been attributed to him. The applicants are in jail since 25.04.2026, applicant No.1 has three criminal antecedents of the year 2022 and 2025 under the Excise Act and BNS, out of which, two cases bearing Crime Nos.86/2025 and 13/2022 have already been disposed of and only one case i.e. case Crime No.138/2025 is pending against the said applicant, so far as applicant No.2 is concerned, he has two criminal antecedents under the IPC/BNS, out of which, case bearing Crime No.62/2022 has already been disposed of and case Crime No.138/2025 is peding against applicant No.2, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against the applicants is that, applicant No.1 allegedly assaulted the injured with a knife, causing grievous injuries to the injured, while applicant No.2 allegedly caught hold of the injured during the incident. Furthermore, applicant No.1 has three crimial antecedents of the year 2022 and 2025 under the Excise Act & BNS and applicant No.2 has two criminal antecedents of the year 2022 and 2025 under the IPC/BNS. Therefore, the applicants are not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 25.04.2026, the fact that applicant No.1 allegedly assaulted, Chandraprakash Tiwari repeatedly with a knife, inflicting injuries on his chest, abdomen, back, head and hand, which were opined to be grievous in nature and caused by a sharp weapon and is having three criminal antecedents of the year 2022 and 2025 under the Excise Act and BNS, out of which, two cases bearing Crime Nos.86/2025 and 13/2022 have already been disposed of and one case i.e. case Crime No.138/2025 is pending against him, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge applicant No.1, Farid Ali @ Babe on regular bail. 7. Accordingly, the bail application of applicant No.1- Farid Ali @ Babe, involved in Crime No. 128/2026 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 109(1), 3(5) of BNS, is rejected. 8. Whereas the fact that charge-sheet has been filed in the present case and the allegation against applicant No.2, Digeshwar Sahu @ Bant is that he had only caught hold of the injured, Chandraprakash Tiwari while applicant No.1 allegedly assaulted him with a knife, further he has two criminal antecedents under the IPC/BNS, out of which, case bearing Crime No.62/2022 has already been disposed 5 of and case Crime No.138/2025 is peding against applicant No.2, he is in jail since 25.04.2026, the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant No.2, Digeshwar Sahu @ Bant is entitled to be released on bail in this case. 9. Let the Applicant No.2-Digeshwar Sahu @ Bant, involved in Crime No. 128/2026 registered at Police Station Kumhari, District Durg (C.G.) for the offence punishable under Sections 109(1), 3(5) 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 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 6 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