1 CGHC010291852026 2026:CGHC:37189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7680 of 2026 Shubham Nishad S/o- Late Santosh Nishad Aged About 23 Years Occupation Student, R/o- Ward No. 28, Mauharibatha, Thana- Mahasamund, Tahsil And District- Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House O2cer, Police Station- Mahasamund, District- Mahasamund (C.G.) ... Non-applicant(s) For Applicant : Mr. Deepak Kumar Jain, Advocate For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 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. 309/2026, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the o>ence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959. 2. The case of the prosecution, in brief, is that, according to the case- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 diary, the injured/complainant Tikeshwar Sahu and the present applicant were sitting near a water tank and an altercation took place between them on the issue that the applicant was allegedly teasing the children. Thereafter, both of them went to their respective homes. Subsequently, when the injured was proceeding towards Tulsi grocery shop for purchasing bidi, the present applicant allegedly came there armed with a chopper and with an intention to cause his death, assaulted him with the said chopper on his head and hands/palms. In order to save his life, the injured ran away from the spot and went to his house and narrated the incident to his family members. On the basis of the said incident, the aforesaid o>ences were registered against the applicant. During investigation, the applicant was arrested and the charge-sheet has been Bled before the competent Court. As per the medical documents available on record, the injured had sustained multiple injuries caused by a sharp-edged weapon, including injuries on vital parts of the body. It is further reCected from the medical opinion that, had timely and proper treatment not been provided, there was a possibility of the injuries proving fatal. Thus, the prosecution alleges that the act of the applicant in assaulting the injured with an iron chopper on his head and other parts of the body indicates an intention to cause his death. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant has neither committed nor participated in any such act as alleged by the prosecution and the 3 evidence collected during investigation is not prima facie su2cient to establish his guilt for the alleged o>ences. It is further submitted that the applicant is in jail since 24.05.2026. He further submits that although the applicant is alleged to have caused injuries to the injured Tikeshwar Sahu by means of a sharp and deadly weapon i.e. chopper, some of the injuries sustained by the injured are on non-vital parts of the body and some are on vital parts. It is also submitted that the investigation is complete and charge-sheet has already been Bled before the competent Court. He further submits that the applicant has no criminal antecedents and therefore, looking to the facts and circumstances of the case, the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegation against the applicant is serious in nature and that he is alleged to have assaulted the injured Tikeshwar Sahu with a chopper with an intention to cause his death. It is further submitted that surgery was advised to the injured, however, the injured did not undergo the advised surgery and thereafter absconded. Learned State counsel further submits that as per the query report available on record, the injuries sustained by the injured are fatal in nature and the manner in which the applicant is alleged to have assaulted the injured on his head and other vital parts clearly demonstrates the intention and knowledge attributable to the applicant. On these grounds, she prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case- 4 diary and the documents annexed therewith. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the applicant is alleged to have assaulted the injured Tikeshwar Sahu by means of a sharp-edged and deadly weapon i.e. chopper and the fact that some of the injuries sustained by the injured are on vital parts of the body and some are on non-vital parts of the body, the medical opinion and query report available on record, the fact that surgery was advised to the injured, however, he did not undergo the advised surgery and thereafter absconded, the fact that the applicant is in jail since 24.05.2026 and the investigation has been completed and charge-sheet has already been Bled before the competent Court and further the applicant has no criminal antecedent, thus without commenting upon the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Shubham Nishad, involved in Crime No. 309/2026, registered at Police Station – Mahasamund, District – Mahasamund (C.G.) for the o>ence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959., be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Ble an undertaking to the e>ect that he shall not seek any adjournment on the dates Bxed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court 5 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 Bxed, either personally or through his counsel. In case of his absence, without su2cient 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 Bxed 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 Bxed 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 su2cient 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. O2ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal