1 CGHC010254012026 2026:CGHC:34779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6091 of 2026 Shivam Pasi Son Of Late Raju Pasi, Aged About 25 Years Resident Of Village Lalkhadan, Mahmand, Police Station Torwa, District Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Torwa, District Bilaspur (C.G.) . ... Non-applicant For Applicant : Mohammad Parvez Khan, 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 filed 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 offence punishable under Sections 296, 115(2), 351(3), 109(1) & 3(5) of the BNS. 2. Case of the prosecution in brief, is that on 24.05.2026, at about 8:20 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.07 15:52:14 +0530 2 p.m., when the complainant was purchasing vegetables in the market, he noticed that some persons were having a dispute over the parking of a motorcycle. When the complainant intervened in the dispute, the present applicant and other co-accused persons allegedly assaulted him with an iron ring (Kada), as a result of which he sustained bleeding injuries. Thereafter, he called his brother, namely Aman Patle, over the phone. When his brother arrived at the spot, the present applicant and the other accused persons allegedly assaulted him with a knife, resulting in multiple and serious injuries to him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that he has not acted in the manner alleged by the prosecution. It is specifically submitted that the applicant did not assault or cause any injury to the injured person and was merely standing near the place where the incident was taking place. It is further submitted that the mother of the applicant is suffering from an eye-related ailment and is undergoing continuous treatment, which is supported by the medical documents filed on record. Learned counsel submits that, even if the prosecution story is taken at its face value, the injured is alleged to have sustained grievous injuries. It is further submitted that the applicant has been in judicial custody since 06.06.2026, therefore, learned counsel for the applicant prays for grant of regular bail. 4. On these grounds, learned counsel for the applicant prays for grant of regular bail. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not yet been filed in the 3 present case. It is further submitted that Govinda Pasi and Arjun Yadav 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. 6. I have heard learned counsel for the parties and perused the case- diary. 7. 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 Yadav, 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 06.06.2026. 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. 8. Let applicant, Shivam Pasi, involved in Crime No.270/2026 registered at Police Station – Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 4 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. 9. 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