1 CGHC010290772026 2026:CGHC:34151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6846 of 2026 Nasir Khan S/o Rajjap Khan Aged About 29 Years R/ Ganesh Nagar, Jyoti Medical Store Wali Gali, P.S. Sirgitti District- Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Kumar Sahu, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2026 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 applicant who has been arrested in connection with Crime No. 23/2026 registered at Police Station Sirgitti District- Bilaspur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 115(2), 351(2), 324(4), 118(2), 117(4), 3(5) of BNS and Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that owing to previous enmity, a dispute arose between the accused persons and the injured persons, during which the accused, in furtherance of their common intention, allegedly assaulted the injured with a wooden stick and a knife, causing him injuries. On the basis of the report lodged by the complainant, Crime No. 23/2026 was registered at Police Station Sirgitti against the present applicant and other co- accused for the offences punishable under Sections 296, 115(2), 351(2), 118(2), 324(4), 117(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. After completion of the investigation, a charge-sheet was filed against the applicant and the other co-accused. During investigation, it is also alleged that the wooden stick used in the commission of the offence was recovered at the instance of the present applicant pursuant to his memorandum statement. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence, only on the basis of mere suspicion present applicant hat been implicated in the case. He further submits that the injuries sustained by the injured is found to be simple in nature. The applicant is in jail since 26.02.2026, the applicant has six criminal antecedents, out of which, in three 3 cases, the applicant has already been acquitted of the charges and three cases under the IPC/BNS are still pending against the applicant, 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant in furtherance of the common intention with the co-accused, allegedly assaulted the injured with a wooden stick, causing injuries, further the wooden stick used in the commission of the offence was recovered pursuant to the memorandum statement of the applicant during the course of investigation. She also submits that three of the injured persons have sustained simple injuries. 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 applicant since 26.02.2026, the fact that though the applicant in furtherance of the common intention with the co-accused, allegedly assaulted the injured with a wooden stick, causing injuries, but considering the fact that the role attributed to the present applicant is that he assaulted the injured persons with wooden stick and the same has been recovered pursuant his memorandum statement, further 4 the injuries sustained by the three injured persons, out of four, are simple in nature, so far as criminal antecedents of the applicant are concerned, the applicant has six criminal antecedents, out of which, in three cases, the applicant has already been acquitted of the charges and three cases under the IPC/BNS are still pending and the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nasir Khan, involved in Crime No. 23/2026 registered at Police Station Sirgitti District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 324(4), 118(2), 117(4), 3(5) of BNS and Sections 25 and 27 of the Arms Act, 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 5 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil