1 CGHC010316512026 2026:CGHC:37416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7752 of 2026 1 - Vishwa Uraon S/o Ruplal Uraon Aged About 20 Years R/o Village Rajga, P.S. And Tehsil Sakti District Sakti C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through District Magistrate Sakti District Sakti C.G. ... Respondent(s) For Applicant(s) : Mr. Prashant Dansena, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 194/2026 registered at Police Station Sakti, District Sakti (Chhattisgarh), for the offences punishable under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution case, in brief, is that the complainant, namely Bhoj RUCHI YADAV Digitally signed by RUCHI YADAV 2 Singh Sidar, had gone with his family to his in-laws' house at Village Patrapali on 26.04.2026. It is alleged that at about 11:00 p.m., he received a telephone call informing him that his maternal father-in-law, Govind Singh Sidar, was seriously ill. Consequently, at about 12:30 a.m., the complainant and his brother-in-law, Narendra Singh Sidar, proceeded towards Village Gadagodhi on a scooter. It is further alleged that when they reached near Village Rajpur, the present applicant, along with the other co-accused persons, was found sitting on the road. The prosecution alleges that, following an altercation, the accused persons threatened the complainant and Narendra Singh Sidar with dire consequences and thereafter assaulted them. It is alleged that one of the accused assaulted Narendra Singh Sidar with an iron rod, while another allegedly pelted stones, and the remaining accused persons allegedly assaulted him with fists and kicks. When the complainant attempted to intervene, he also sustained simple injuries. Narendra Singh Sidar allegedly suffered injuries to his head and was thereafter taken to the Medical College Hospital, Raigarh, for treatment. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is alleged to have assaulted the injured by pelting stones, whereas the main allegation of assault with an iron rod is against co- accused Ashish Sarthi. Other co-accused namely Dinesh Singh Sidar has already been granted bail by this Court vide order dated 06.08.2026 in M.Cr.C. No. 7183 of 2026. Thus, the applicant is entitled to the benefit of parity. It is further submitted that the charge-sheet has already been filed and the applicant has been in judicial custody since 3 28.04.2026. The applicant has no criminal antecedents and is not a habitual offender. It is lastly submitted that, considering the stage of the proceedings, the trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed. It is further submitted that, in the said incident, two persons sustained injuries, out of whom one suffered grievous injuries and the other sustained simple injuries. Considering the nature and gravity of the allegations, learned State counsel prays that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that the role attributed to the present applicant is distinct from that of co-accused Ashish Sarthi, against whom the principal allegation of assault with an iron rod has been levelled and the applicant is alleged only to have pelted stones. It is also relevant that co-accused Dinesh Singh Sidar has already been granted bail by this Court vide order dated 06.08.2026 in M.Cr.C. No. 7183 of 2026. The charge-sheet has already been filed, the applicant has been in custody since 28.04.2026, and he has no criminal antecedents. Further, the trial is likely to take considerable time to conclude. Without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to be released on bail. 4 7. Let the Applicant – Vishwa Uraon involved in Crime No. 194/2026 registered at Police Station Sakti, District Sakti (Chhattisgarh), for the offences punishable under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 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 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi